Mineral Workings (Offshore Installations) (Isle of Man) Act 1974

c i e
AT 33 of 1974

MINERAL WORKINGS (OFFSHORE

INSTALLATIONS) (ISLE OF MAN) ACT 1974

Mineral Workings (Offshore Installations) (Isle of Man) Act 1974 Index


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c i e
MINERAL WORKINGS (OFFSHORE INSTALLATIONS)

(ISLE OF MAN) ACT 1974

Index Section Page

1 Application of Act........................................................................................................... 5
2 Registration of offshore installations ........................................................................... 6
3 Construction and survey regulations for offshore installations .............................. 7
4 Managers of offshore installations ............................................................................... 8
5 Managers of offshore installations; further provisions ............................................. 9
6 Safety regulations ......................................................................................................... 11
7 Regulations; general provisions ................................................................................. 12
8 Application of criminal and civil law to offshore installations .............................. 13
9 Offences: general provisions ....................................................................................... 14
10 Prosecutions ................................................................................................................... 14
11 Civil liability for breach of statutory duty ................................................................ 15
12 Interpretation ................................................................................................................. 16
13 Financial provisions ..................................................................................................... 17
14 Short title and commencement ................................................................................... 17
SCHEDULE 19

SUBJECT MATTER OF REGULATIONS 19
ENDNOTES 23

TABLE OF LEGISLATION HISTORY 23
TABLE OF RENUMBERED PROVISIONS 23
TABLE OF ENDNOTE REFERENCES 23

Mineral Workings (Offshore Installations) (Isle of Man) Act 1974 Section 1


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c i e
MINERAL WORKINGS (OFFSHORE INSTALLATIONS)

(ISLE OF MAN) ACT 1974

Received Royal Assent: 4 December 1974
Passed: 21 January 1975
Commenced: See endnotes
AN ACT
to provide for the safety, health and welfare of persons on
installations concerned with the underwater exploitation and exploration of
mineral resources in the waters in or surrounding the Isle of Man, and generally
for the safety of such installations and the prevention of accidents on or near
them.
GENERAL NOTE:
The maximum fines in this Act are as increased by the Mineral
Workings (Offshore Installations) Act 1988 and by the Criminal Justice (Penalties, Etc.) Act
1993 s 1.
1 Application of Act

[P1982/23/24]
(1) This Act shall apply to any activity mentioned in subsection (2) which is
carried on from, by means of or on an installation which is maintained in
the water, or on the foreshore or other land intermittently covered with
water, and is not connected with dry land by a permanent structure
providing access at all times and for all purposes.
(2) The activities referred to in subsection (1) are —
(a) the exploitation or exploration of mineral resources in or under
the shore or bed of controlled waters;
(b) the storage of gas in or under the shore or bed of controlled
waters or the recovery of gas so stored;
(c) the conveyance of things by means of a pipe, or system of pipes,
constructed or placed on, in or under the shore or bed of
controlled waters; and
(d) the provision of accommodation for persons who work on or from
an installation which is or has been maintained, or is intended to
Section 2 Mineral Workings (Offshore Installations) (Isle of Man) Act 1974


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be established, for the carrying on of an activity falling within
paragraph (a), (b) or (c) or this paragraph.
(3) In this Act —
“controlled waters
” means tidal waters and parts of the sea in or adjacent to the
Island up to the seaward limits of territorial waters.
“offshore installation
” means any installation which is or has been maintained,
or is intended to be established, for the carrying on of any activity to
which this Act applies.
(4) In this section —
‘exploration’ means exploration with a view to exploitation;
‘installation’ includes —
(a) any floating structure or device maintained on a station by
whatever means; and
(b) in such cases and subject to such exceptions as may be prescribed
by the Department by order, any apparatus or works which are by
virtue of section 4(3) of the Mineral Workings (Offshore Installations)
Act 1988 to be treated as associated with a pipe or system of pipes,
but, subject to paragraph (b), does not include any part of a pipe-line
within the meaning of that section.
(5) The fact that an installation has been maintained for the carrying on of an
activity falling within subsection (2) shall be disregarded for the
purposes of this section if, since it was so maintained, the installation —
(a) has been outside the controlled waters; or
(b) has been maintained for the carrying on of an activity not falling
within that subsection.
(6) An order under this section shall be laid before Tynwald.1

2 Registration of offshore installations

[1971/2P]
(1) The Department may make regulations for the registration of offshore
installations.2

(2) Regulations under this section may make provision —
(a) for all matters relevant to the maintenance of a register of offshore
installations,
(b) without prejudice to paragraph (a) above, for the cases in which
an installation is to be or may be exempted from registration, for
the period for which any registration or exemption is to remain
effective without renewal, the alteration or cancellation in any
prescribed circumstances of registration or exemptions or of any
conditions attached thereto, the persons by whom and manner in
Mineral Workings (Offshore Installations) (Isle of Man) Act 1974 Section 3


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which applications in connection with any registration or
exemption are to be made, and the information and evidence to be
furnished in connection with any such application,
(c) for the marking or other means of identification of any
installation, whether registerable or exempted from registration,
(d) for the issue of certificates of registration or exemption, and the
custody, surrender, production or display of the certificates or
copies of them,
(e) for requiring the payment of fees in connection with the making
of applications under the regulations, the issue of certificates or
other matters,
(f) for matters arising out of the termination of any registration or
exemption, or any conditions attached thereto,
(g) for any other incidental matters.
3 Construction and survey regulations for offshore installations

[1971/3P]
(1) The Department may make regulations —
(a) requiring offshore installations or parts of offshore installations to
be certified by such persons and in such manner as may be
provided by the regulations to be, in respect of such matters
affecting safety as may be so provided, fit for the purpose or
purposes specified by the regulations,
(b) imposing requirements as to the survey, testing and inspection of
installations or parts of installations in respect of matters covered
or required to be covered by a certificate of fitness,
(c) imposing any prohibition or restriction as respects installations or
parts of installations which, in any respect, fail to comply with
any provisions of the regulations.3

(2) Regulations under this section may make provision —
(a) for the issue of certificates of fitness, and the custody, surrender,
production or display of the certificates or copies of them,
(b) for requiring the payment of fees in connection with the making
of applications under the regulations, the carrying out of surveys
or tests, the issue of certificates or other matters,
(c) for matters arising out of the termination or modification of any
certificate of fitness,
(d) for any other incidental matters.
(3) The regulations may provide for exempting, or authorising the
Department to exempt, any installation or part of an installation from all
Section 4 Mineral Workings (Offshore Installations) (Isle of Man) Act 1974


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or any of the provisions of the regulations, either in a particular case, or
in a specified class or description of cases.4

(4) It shall be the duty of the owner of the offshore installation, and of the
installation manager and of every person who, in relation to the
installation, is a concession owner, to ensure that the provision of
regulations under this section are compiled with, and, if regulations
under this section are contravened in any respect in relation to an
offshore installation when it is within controlled waters, the owner of the
offshore installation, the installation manager and every person who, in
relation to the installation, is a concession owner shall each be guilty of
an offence under this section, and shall be liable —
(a) on summary conviction to a fine not exceeding £5,000;
(b) on conviction on information to imprisonment for a term not
exceeding two years, or to a fine, or both.5

4 Managers of offshore installations

[1971/4P]
(1) Every offshore installation, so long as it is in controlled waters, shall be
under the charge of a person appointed to be or act as manager of the
installation, and the owner of the installation shall appoint to be
installation manager —
(a) a person who, to the best of the knowledge and belief of the
owner, has the skills and competence suitable for the
appointment, and
(b) another or others to act where necessary in place of the
installation manager,
and shall inform the Department of any appointment under this
subsection by giving notice in the prescribed form and containing the
prescribed particulars.6

(2) The Department may, if the Department thinks fit, make regulations
prescribing requirements to be fulfilled as respects an installation
manager appointed under paragraph (a) or paragraph (b) of
subsection (1) above, including requirements as to qualifications,
experience, health or age; and the regulations may make different
provision for managers of different types of installations or managers
whose responsibilities differ in other respects and different provision for
managers appointed under the said paragraphs (a) and (b) respectively.7

(3) The owner may, under subsection (1)(a) above, appoint two or more
persons to be managers in rotation, and the persons appointed under
subsection 1(b) above shall act where necessary in place of any of them.
(4) If at any time the owner is satisfied that an installation manager
appointed in pursuance of subsection (1) above does not have the
Mineral Workings (Offshore Installations) (Isle of Man) Act 1974 Section 5


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requisite skills and competence, he shall terminate the appointment as
soon as practicable, and shall give the Department notice in the
prescribed form of the action taken by him.8

(5) It shall be the duty of the owner, in order to ensure that an installation
manager appointed under subsection (1)(a) above is on the installation
when it is manned, from time to time to place a person so appointed on
the installation, and to ensure that he remains there until relieved, for so
long as it is manned.
(6) If the owner fails to comply, or to ensure compliance, with the provisions
of this section, he shall be guilty of an offence under this section and
liable on summary conviction to a fine not exceeding £5,000.
(7) The operation of this section may be excluded in whole or in part in
relation to any class or description of installation by regulations under
this Act, or in relation to any particular installation by directions of the
Department given in such manner and to such persons as it thinks
appropriate.9

(8) In this Act references to the manager of an offshore installation or to an
installation manager are to be taken, except in so far as the context
otherwise requires, as references to the person for the time being in
charge of the installation and appointed as required by paragraph (a) or
(b) of subsection (1) above.
5 Managers of offshore installations; further provisions

[1971/5P]
(1) The manager of an offshore installation shall not be absent from the
installation at any time when it is manned, except in the case of sudden
sickness or other cause beyond his control, or for other sufficient reason,
and a person failing to comply with this subsection shall be guilty of an
offence under this section, and liable on summary conviction to a fine not
exceeding £5,000.
(2) Except as otherwise provided by this Act, the manager of an offshore
installation shall have in relation to it general responsibility for matters
affecting safety, health or welfare or, where connected with safety, health
or welfare, the maintenance of order and discipline, and for the discharge
of that responsibility shall exercise authority over all persons in or about
the installation:
Provided that this subsection shall not extend to any matters for which
another person is responsible as master, captain or person in charge of
any vessel, aircraft or hovercraft.10

(3) If a person subject to the authority of the manager of an offshore
installation wilfully disobeys a lawful command given him by the
manager in exercise of that authority, he shall be liable on summary
conviction to a fine not exceeding £1,000.
Section 5 Mineral Workings (Offshore Installations) (Isle of Man) Act 1974


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(4) The manager of an offshore installation shall not permit the installation
to be used in any manner, or permit any operation to be carried out on or
from the installation, if the seaworthiness or stability of the installation is
likely to be endangered by its use in that manner, or by the carrying out
of that operation or by its being carried out in the manner proposed, and
it shall be the duty of the owner of the installation to ensure that the
provisions of this subsection are complied with by the manager.
If an installation manager or owner fails to comply, or ensure
compliance, with this subsection he shall be guilty of an offence under
this section, and liable —
(a) on summary conviction to a fine not exceeding £5,000.
(b) on conviction on information to imprisonment for a term not
exceeding two years, or to a fine, or both.
(5) Where at an offshore installation there is an emergency or apprehended
emergency endangering the seaworthiness or stability of the installation
or otherwise involving a risk of death or serious personal injury, the
installation manager may take or require to be taken any such measures
as are necessary or expedient to meet or avoid the emergency; and no
regulation or condition having effect by virtue of this Act shall apply to
prohibit or restrict the taking of any such measures by virtue of this
subsection.
(6) If the installation manager has reasonable cause to believe that it is
necessary or expedient for the purpose of securing the safety of an
offshore installation or persons in or about it, or maintaining order and
discipline among those persons, the installation manager may cause any
of those persons to be put ashore in the Isle of Man; and where any of
those persons has done or is about to do any act endangering or likely to
endanger the safety of the installation or persons in or about it or the
maintenance of order and discipline among those persons, or the
installation manager with reasonable cause suspects him of having done
or being about to do any such act, the installation manager may take or
cause to be taken such other reasonable measures against him, by
restraint of his person or otherwise, as the installation manager thinks
necessary or expedient:
Provided that this subsection shall not extend to any matters for which
another person is responsible as master, captain or person in charge of
any vessel, aircraft or hovercraft.
(7) A person shall not be kept under restraint by virtue of subsection (6)
above for longer than twenty-four hours unless —
(a) the intention is that he should be put ashore in the Isle of Man in
accordance with that subsection at the earliest opportunity; and
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(b) within those twenty-four hours or as soon as practicable
afterwards notice of his being kept under restraint and of the
reason for it is sent to the prescribed authority in the Isle of Man.
(8) The manager of an offshore installation shall notify the owner as soon as
practicable of any event which occurs at the installation and which the
owner is by any regulation or condition having effect by virtue of this
Act required to notify to the Department.
If a person fails to comply with the provisions of the subsection he shall
be guilty of an offence under this section, and liable on summary
conviction to a fine not exceeding £2,500.11

(9) The operation of this section may be excluded in whole or in part in
relation to any class or description of installation by regulations under
this Act, or in relation to any particular installation by directions of the
Department given in such manner and to such persons as it thinks
appropriate.12

6 Safety regulations

[1971/6P]
(1) The Department may make regulations for the safety, health and welfare
of persons on offshore installations in controlled waters, and generally,
and whether or not by way of supplementing the preceding sections of
this Act, for the safety of such installations and the prevention of
accidents on or near them.13

(2) The regulations may have effect as respects —
(a) persons whether or not present in the course of their employment;
(b) the transport of persons and things to or from an installation;
(c) vessels, aircraft or hovercraft in the neighbourhood of an
installation;
(cc) vessels on which accommodation is provided for persons who
work on or from installations; and14

(d) any operation of work whether on or near an installation, or in the
water, or on or below the shore or bed of the sea or other waters.
(3) Without prejudice to the generality of the preceding provisions in this
section, the regulations may provide for any of the matters set out in the
Schedule to this Act and may contain such supplemental or incidental
provisions as appear to the Department to be expedient.15

(4) The Department may appoint as inspectors to discharge the functions
conferred by the regulations, and generally to assist the Department in
the execution of this Act, such numbers of persons appearing to the
Department to be qualified for the purpose as the Department may from
time to time consider necessary or expedient.16

Section 7 Mineral Workings (Offshore Installations) (Isle of Man) Act 1974


Page 12 AT 33 of 1974 c

7 Regulations; general provisions

[1971/7P]
(1) Subject to subsection (2) below, regulations under this Act —
(a) may provide for the creation of offences and for their punishment
on summary conviction or on conviction on information; and
(b) may afford in respect of any description of offence created by the
regulations, such defence, if any, as may be specified in the
regulations.
(2) The punishment for an offence created by regulations under this Act
shall be —
(a) on summary conviction a fine not exceeding £5,000;
(b) on conviction on information imprisonment for a term not
exceeding two years, or a fine, or both,
but without prejudice to any further restriction on the punishments
which can be awarded contained in the regulations, and without
prejudice to the exclusion of proceedings on information by the
regulations.
(3) The operation of any regulations made under this Act may be excluded
in whole or in part in relation to any class or description of installation
by the regulations or in relation to any particular installation by
directions of the Department given in such manner and to such persons
as the Department thinks appropriate.17

(4) Any exemption or exclusion by regulations under this Act, or by
directions of the Department under this Act, may be made subject to the
imposition of conditions specified by the regulations or directions.18

(5) Where in pursuance of this section a person is exempted or excluded
from the requirements of any provision of this Act, or of regulations
under this Act, but subject to a condition, and the condition is not
observed, the exemption or exclusion shall not have effect, and
proceedings may be brought in respect of any breach of duty as if the
exemption or exclusion had not had effect.
(6) Regulations made under this Act may make different provision for
different circumstances, and in particular —
(a) may make provision as respects installations which are registered
vessels which is different from that made for other installations;
and
(b) may make provision for installations in transit which is different
from provision made for installations on station.
(7) Regulations made under this Act shall be subject to the approval of
Tynwald.
Mineral Workings (Offshore Installations) (Isle of Man) Act 1974 Section 8


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8 Application of criminal and civil law to offshore installations

[1971/8P]
(1) Any act or omission which —
(a) takes place on, under or above an installation in territorial waters
adjacent to the coast of the Isle of Man or any such waters within
five hundred metres of such an installation; and
(b) would, if taking place in the Isle of Man, constitute an offence
under the law in force in the said Isle,
shall be treated for the purpose of that law as taking place in any part of
the Isle of Man.
(2) Questions arising out of acts or omissions taking place on, under or
above territorial waters adjacent to the coast of the Island in connection
with any activity mentioned in subsection (2A) shall be determined by
the High Court in accordance with the law in force in the Island.19

(2A) The activities referred to in subsection (2) are —
(a) activities connected with the exploration of, or the exploitation of
the natural resources of, the shore or bed of such territorial waters
or the subsoil beneath it; and
(b) without prejudice to the generality of paragraph (a), activities
carried on from, by means of or on, or for the purposes connected
with, installations to which subsection (2B) applies.20

(2B) This subsection applies to any installation which is or has been
maintained, or is intended to be established, for the carrying on of any of
the following activities, namely —
(a) the exploitation or exploration of mineral resources in or under
the shore or bed of such territorial waters;
(b) the storage of gas in or under the shore or bed of such waters or
the recovery of gas so stored;
(c) the conveyance of things by means of a pipe, or system of pipes,
constructed or placed on, in or under the shore or bed of such
waters; and
(d) the provision of accommodation for persons who work on or from
an installation which is or has been maintained, or is intended to
be established, for the carrying on of an activity falling within
paragraph (a), (b) or (c) or this paragraph.21

(2C) The fact that an installation has been maintained for the carrying on of an
activity falling within subsection (2B) shall be disregarded for the
purposes of that subsection if, since it was so maintained, it has been
outside such territorial waters or has been maintained for the carrying on
of an activity not falling within that subsection.22

Section 9 Mineral Workings (Offshore Installations) (Isle of Man) Act 1974


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(3) Any jurisdiction conferred on any court by this section shall be without
prejudice to any jurisdiction exercisable apart from this section by the
courts of the Isle of Man.
(4) This section shall apply to installations notwithstanding that they are for
the time being in transit.
9 Offences: general provisions

[1971/9P]
(1) Where an offence under this Act which has been committed by a body
corporate is proved to have been committed with the consent or
connivance of, or to be attributable to any neglect on the part of, a
director, manager, secretary or other similar officer of the body
corporate, or any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of that offence and shall
be liable to be proceeded against and punished accordingly.
In this subsection ‘director’, in relation to a body corporate established
by or under any enactment for the purpose of carrying on under public
ownership any industry or part of an industry or undertaking, being a
body corporate whose affairs are managed by its members, means a
member of that body corporate.
(2) In proceedings for an offence under this Act an averment in any process
of the fact that anything was done or situated within controlled waters
shall, until the contrary is proved, be sufficient evidence of that fact as
stated in the averment.23

(3) In proceedings for an offence under section 3, section 4 or section 5 of
this Act, it shall be a defence for the accused to prove —
(a) that he has used all due diligence to enforce the execution of this
Act, and of any relevant regulation made under this Act; and
(b) that any relevant contravention was committed without his
consent, connivance or wilful default.
(4) Proceedings for any offence under this Act may be taken, and the offence
may for all incidental purposes be treated as having been committed, in
any part of the Isle of Man.
(5) A constable shall on, under or above any offshore installation in
controlled waters or any waters within 500 metres of such an installation
have all the powers, protection and privileges which he has in the Isle of
Man.24

10 Prosecutions

[1971/10P]
(1) Subject to the provisions of this section, this section has effect as
respects —
Mineral Workings (Offshore Installations) (Isle of Man) Act 1974 Section 11


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(a) any offence alleged to have been committed on, under or above
an offshore installation in territorial waters adjacent to the coast of
the Isle of Man, or on, under or above such waters within five
hundred metres of such an installation; or
(b) any offence under this Act alleged to have been committed in
territorial waters adjacent to the coast of the Isle of Man.
(2) An offence shall not be one within subsection (1) above if it is an offence
under any provision having effect under —
(a) the Merchant Shipping (Detention of Ships) Act 1979, the Merchant
Shipping (Masters and Seamen) Act 1979, the Merchant Shipping
(Passenger Ships’ Survey) Act 1979, the Shipping Casualties (Inquiries,
Investigations and Reports) Act 1979 and the Wreck and Salvage
(Ships and Aircraft) Act 1979;25

(b) the Customs and Excise Acts 1986; or26

(c) the Civil Aviation Acts 1949 to 1971 (Acts of Parliament) as
extended to the Isle of Man by Order in Council.27

(3) No proceedings shall be instituted in the Isle of Man for any offence
within subsection (1) above, except —
(a) in the case of an offence under this Act, by the Department or by a
person authorised in that behalf by the Department, or28

(b) in the case of any offence, by or with the consent of the Attorney
General.
(4) Subsection (3) above shall not prevent the issue or execution of a warrant
for the arrest of any person in respect of an offence, or the remanding in
custody or on bail of any person charged with an offence.
11 Civil liability for breach of statutory duty

[1971/11P]
(1) This section has effect as respects —
(a) a duty imposed on any person by any provision of this Act; or
(b) a duty imposed on any person by any provision of regulations
made under this Act which expressly applies the provisions of
this section.
(2) Breach of any such duty shall be actionable so far, and only so far, as it
causes personal injury, and reference, in section 2 of the Fatal Accidents
Act 1852 to a wrongful act, neglect or default shall include references to
any breach of a duty which is so actionable.
(3) Subsection (2) above is without prejudice to any action which lies apart
from the provisions of this Act.
Section 12 Mineral Workings (Offshore Installations) (Isle of Man) Act 1974


Page 16 AT 33 of 1974 c

(4) Neither section 9(3) of this Act, nor any defences afforded by regulations
made in pursuance of section 7(l)(b) of this Act, shall afford a defence in
any civil proceedings, whether brought by virtue of this section or not.
(5) So far as the provisions of this section impose a liability on a concession
owner, those provisions and the other provisions of this Act to which
they relate shall bind the Crown, and accordingly, for the purposes of
those provisions, and of any regulations or conditions having effect
under any of those provisions, persons in the service of the Crown shall
be taken to be employed whether or not they would be so taken apart
from this subsection:
Provided that this subsection shall not give any right of action to a
person as being a member of the armed forces of the Crown.
(6) Nothing in the last preceding subsection shall authorise proceedings to
be brought against Her Majesty in her private capacity.
(7) In this section ‘personal injury’ includes any disease and any impairment
of a person’s physical or mental condition and includes any fatal injury.
12 Interpretation

[1971/12P]
(1) In this Act, unless the context otherwise requires —
“Board
” [Repealed]29

“concession owner
” [Repealed]30

“controlled waters
” has the meaning given by section 1(3);31

“Department
” means the Department of Economic Development;32

“installation manager
” has the meaning given by section 4(8) of this Act;
“offence under this Act
” includes an offence under regulations made under this
Act;
“offshore installation
” has the meaning given by section 1(3);33

“owner
”, in relation to an offshore installation, means the person who has
registered the installation pursuant to regulations under section 2 of this
Act or, if there is no such person, the person for the time being having
the management of the installation, or of its main structure;
“prescribed
” means prescribed by regulations under this Act;
“underwater exploitation
” and “underwater exploration
” [Repealed]34

(2) A person who has the right to exploit or explore mineral resources in any
area, or to store gas in any area and to recover gas so stored, shall be a
concession owner for the purposes of this Act in relation to any offshore
installation at any time if, at that time, there is carried on from, by means
of or on the installation any of the following activities, namely —
Mineral Workings (Offshore Installations) (Isle of Man) Act 1974 Section 13


c AT 33 of 1974 Page 17

(a) the exploitation or exploration of mineral resources or the storage
or recovery of gas, in the exercise of that right;
(b) the conveyance in that area by means of a pipe or system of pipes,
of minerals gotten, or gas being stored or recovered; in the
exercise of that right; and
(c) the provision of accommodation for persons who work on or from
an installation which is or has been maintained, or is intended to
be established, for the carrying on of an activity falling within
paragraph (a) or (b) or this paragraph.35

(3) The fact that an installation has been maintained for the carrying on of an
activity falling within subsection (2) shall be disregarded for the
purposes of paragraph (c) of that subsection if, since it was so
maintained, the installation —
(a) has been outside controlled waters; or
(b) has been maintained for the carrying on of an activity not falling
within that subsection.36

(4) It is hereby declared that, notwithstanding that this Act may affect
individuals or bodies corporate outside the Isle of Man it applies to any
individual whether or not he is a British subject and to any body
corporate whether or not incorporated under the law of the Isle of Man.
(5) Any reference in this Act to a contravention of a provision of this Act or
of regulations made under this Act includes a reference to a failure to
comply with such a provision.
(6) Except where the context otherwise requires, any reference in this Act to
any enactment shall be construed as a reference to that enactment as
amended, extended or applied by or under any other enactment.
13 Financial provisions

[1971/13P]
(1) There shall be paid out of money provided by Tynwald —
(a) any expenses incurred by the Department under this Act, and37

(b) any increases in money so payable under any other Act which is
an increase attributable to this Act.
(2) Any receipts of the Department under this Act shall be paid into the
General Revenue of the Isle of Man.38

14 Short title and commencement

(1) This Act may be cited as the Mineral Workings (Offshore Installations)
(Isle of Man) Act 1974.
(2) This Act shall come into operation when the Royal Assent thereto has
been by the Governor announced to Tynwald and a certificate thereof
Section 14 Mineral Workings (Offshore Installations) (Isle of Man) Act 1974


Page 18 AT 33 of 1974 c

has been signed by the Governor and the Speaker of the House of Keys;
but shall not take effect until such day as the Governor may by order
appoint and the Governor may appoint different dates for different
provisions of this Act, or for different purposes.39

Mineral Workings (Offshore Installations) (Isle of Man) Act
1974 Schedule



c AT 33 of 1974 Page 19

SCHEDULE

SUBJECT MATTER OF REGULATIONS

Section 6
1. (1) Measures to ensure the safety of the installation, and of any other
structures associated with the operations carried out from the installation.
(2) Measures to ensure safety when an installation or any part of an
installation is being assembled or dismantled in waters to which this Act applies.
2. The movement of, and precautions to be taken by, vessels, aircraft and
hovercraft in the neighbourhood of offshore installations.
3. Provisions as to the manner in which or occasions on which any operation or
work is to be or may be carried out, or as to the safety or suitability of any place where
it is carried out.
4. (1) Provisions as to the equipment, facilities or materials which are to be or
may be supplied or used, whether the provision has reference to sufficiency, to
suitability, to safety during use or while not in use or to any other matter.
(2) The application of the Anchors and Chain Cables Act 1979 subject to such
modifications or extensions as may be prescribed by the regulations.40

(3) Any provision corresponding to anything in the Act mentioned in sub-
paragraph (2) above.
5. (1) Limits on hours of employment in any specified operation or in any
specified circumstances.
(2) The employment at installations of persons who are under the age of
eighteen, or who have not received the prescribed instruction or training.
6. Training.
7. Emergency equipment and emergency procedures.
8. (1) Accidents, injuries and disease.
(2) Medical treatment and medical stores.
(3) Accommodation, provisioning, water.
INSPECTORS AND INQUIRIES
9. Powers and duties to be exercised by, and facilities to be accorded to, inspectors
appointed by the Department under this Act, and other persons acting at the direction
of the Department, and in particular —
Schedule

Mineral Workings (Offshore Installations) (Isle of Man) Act
1974


Page 20 AT 33 of 1974 c

(a) powers to board, and to obtain access to all parts of, any offshore
installation, to obtain information and to inspect and take copies
from any log book or other document,
(b) powers to test equipment and, in special circumstances, to
dismantle, test to destruction or take possession of any article of
equipment,
(c) powers to require, in connection with the survey or inspection of
any installation, part of an installation or equipment, the carrying
out of procedures and the conduct of tests by such person as may
be prescribed by the regulations,
(d) right to require conveyance to and from any offshore installation,
including conveyance of any equipment required by an inspector
for testing, or any equipment of which he has taken possession in
special circumstances,
(e) duties to provide inspectors and others with reasonable
accommodation and means of subsistence while on any offshore
installation,
(f) any powers exercisable in case of immediate or apprehended
danger.41

10. (1) Casualties or other accidents involving loss of life or danger to life, and
in particular —
(a) the making of special reports by inspectors, and
(b) the holding of public inquiries.
(2) In the case of any public inquiry held in pursuance of regulations under
this Act, provision —
(a) conferring on the person holding the inquiry and any person
assisting him in the inquiry, powers of entry and inspection,
(b) conferring on any such person powers of summoning witnesses to
give evidence or produce documents,
(c) powers to take evidence on oath and administer oaths or require
the making of declarations,
(d) authorising the Department to make payments to the person
holding the inquiry, to any assessor appointed to assist him and to
witnesses summoned to the inquiry,42

(e) as to the person by whom, and the manner in which, costs of any
such inquiry, including the remuneration of the person or persons
holding the inquiry, are to be defrayed.
(3) The provision as respects costs under sub-paragraph (2)(e) above
may include —
(a) provision for the treatment of any such costs as expenses of the
Department under this Act,43

Mineral Workings (Offshore Installations) (Isle of Man) Act
1974 Schedule



c AT 33 of 1974 Page 21

(b) provision requiring any such costs to be defrayed by any person
who appears to the person or persons holding the inquiry to be,
by reason of any act or default on his part or on the part of any
servant or agent of his, responsible in any degree for the
occurrence of the accident.
SUPPLEMENTAL
11. (1) The keeping of an official log book, and of other records.
(2) The creation of any right to inspect, or take extracts from any such
records, and the admissibility in evidence of, or of certified extracts of, any such
records.
12. The making of returns and the giving of information, and in particular the
making of returns to the General Registry of deaths, including presumed deaths; and
the duties of the Chief Registrar as respects such returns.44

13. The display and posting of copies of, or of the digests of, this Act and of
regulations made under this Act.
14. The punishment of forgery or falsification of documents, and of other offences
as respects forged or falsified documents, where the documents are, or purport to be,
made under or for the purposes of the regulations.
15. The regulations may, in prescribing standards of safety, or in imposing other
requirements, refer to, and make obligations depend on, the provisions of any
recognised industrial code of practice as for the time being in force.
Mineral Workings (Offshore Installations) (Isle of Man) Act 1974 Endnotes


c AT 33 of 1974 Page 23

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
S 1 substituted by Mineral Workings (Offshore Installations) Act 1988 s 5. 2
Subs (1) amended by GC190/86. 3
Subs (1) amended by CG190/86. 4
Subs (3) amended by GC190/86. 5
Subs (4) amended by Mineral Workings (Offshore Installations) Act 1988 Sch 1. 6
Subs (1) amended by GC190/86 and by Mineral Workings (Offshore Installations) Act
1988 Sch 1. 7
Subs (2) amended by GC190/86. 8
Subs (4) amended by GC190/86. 9
Subs (7) amended by GC190/86. 10
Subs (2) amended by Mineral Workings (Offshore Installations) Act 1988 Sch 1. 11
Subs (8) amended by GC190/86. 12
Subs (9) amended by GC190/86. 13
Subs (1) amended by GC190/86 and by Mineral Workings (Offshore Installations) Act
1988 Sch 1. 14
Para (cc) inserted by Mineral Workings (Offshore Installations) Acts 1988 Sch 1. 15
Subs (3) amended by GC190/86. 16
Subs (4) amended by GC90/86. 17
Subs (3) amended by GC190/86. 18
Subs (4) amended by GC190/86. 19
Subs (2) substituted by Mineral Workings (Offshore Installations) Act 1988 s 7. 20
Subs (2A) inserted by Mineral Workings (Offshore Installations) Act 1988 s 7. 21
Subs (2B) inserted by Mineral Workings (Offshore Installations) Act 1988 s 7.
Endnotes Mineral Workings (Offshore Installations) (Isle of Man) Act 1974


Page 24 AT 33 of 1974 c

22
Subs (2C) inserted by Mineral Workings (Offshore Installations) Act 1988 s 7. 23
Subs (2) amended by Mineral Workings (Offshore Installations) Act 1988 Sch 1. 24
Subs (5) substituted by Mineral Workings (Offshore Installations) Act 1988 Sch 1. 25
Para (a) substituted by Shipping Casualties (Inquiries, Investigations and Reports)
Act 1979 s 13. 26
Para (b) substituted by Customs and Excise Management Act 1986 Sch 4. 27
Subs (2) amended by Statute Law Revision (Miscellaneous Provisions) Act 1979 Sch
1. 28
Para (a) amended by GC190/86. 29
Definition of ‘Board’ repealed by GC190/86. 30
Definition of ‘concession owner’ repealed by Mineral Workings (Offshore
Installations) Act 1988 Sch 1. 31
Definition of ‘controlled waters’ inserted by Mineral Workings (Offshore
Installations) Act 1988 Sch 1. 32
Definition of ‘Department’ substituted by SD51/97 and amended by SD155/10 Sch 2. 33
Definition of ‘offshore installation’ substituted by Mineral Workings (Offshore
Installations) Act 1988 Sch 1. 34
Definitions of ‘underwater exploitation’ and ‘underwater exploration’ repealed by
Mineral Workings (Offshore Installations) Act 1988 Sch 2. 35
Subs (2) substituted by Mineral Workings (Offshore Installations) Act 1988 Sch 1. 36
Subs (3) substituted by Mineral Workings (Offshore Installations) Act 1988 Sch 1. 37
Para (a) amended by GC190/86. 38
Subs (2) amended by GC190/86. 39
ADO (whole Act except ss 4 and 5) 1/1/1976 (GC145/75); (ss 4 and 5) 1/5/1981
(GC39/81). 40
Subpara (2) amended by Anchors and Chain Cables Act 1979 s 4. 41
Para 9 amended by GC190/86. 42
Subpara (d) amended by GC190/86. 43
Para (a) amended by GC190/86. 44
Para 12 amended by Statute Law Revision (Miscellaneous Provisions) Act 1979 Sch 1.