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Safety permit
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13. The following is substituted for section 13P (inserted by the Act of 2010) of the Act of 1999:
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“13P. (1) The Commission shall only accept a safety case or a revised safety case for the purposes of issuing a safety permit under this section where the information contained in the safety case or the revised safety case complies with the requirements of section 13M(4) and the Commission is satisfied that the operator and, where relevant, the owner—
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(a) is capable of implementing the safety management system, or where relevant the safety and environmental management system, described in its safety case, and
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(b) subject to any conditions of the safety permit, is capable of carrying on the designated petroleum activity or activities concerned in compliance with its obligations under section 13KB with respect to an operator and section 13KC with respect to an owner.
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(2) The Commission, in deciding whether or not to issue a safety permit, for the purpose of satisfying itself under subsection (1), may request in writing such additional information as it may reasonably require from a petroleum undertaking, operator or owner and the undertaking, operator or owner shall comply with any such request.
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(3) The Commission shall notify—
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(a) an operator in writing of its acceptance or refusal of a safety case under section 13P(1),
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(b) an owner in writing of its acceptance or refusal of a safety case under section 13P(1), and
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(c) a petroleum undertaking of its acceptance of a safety case submitted by the operator or, where relevant, the owner by issuing a safety permit to that petroleum undertaking.
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(4) It shall be a condition of a safety permit that the operator, and where relevant the owner, act in accordance with the accepted safety case or safety cases and, where relevant, the combined operations notification accepted by the Commission under section 13OA(11).
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(5) Subject to subsection (4), the Commission may attach such conditions to a safety permit as it considers appropriate including conditions—
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(a) restricting or prohibiting the operation of specified parts of petroleum infrastructure, maintained or intended to be established, in connection with the carrying on of the designated petroleum activity or activities concerned,
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(b) restricting or prohibiting the carrying on of specified activities carried out on, from or in connection with petroleum infrastructure,
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(c) specifying requirements to be complied with in respect of all or any of the different phases of the designated petroleum activity or activities concerned,
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(d) in respect of when a safety permit shall be subject to review by the Commission,
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(e) relating to audits (whether within the meaning of section 13M(7) or otherwise) and reporting requirements, or
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(f) in respect of safety performance requirements.
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(6) The Commission shall determine the form of a safety permit.
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(7) The Commission shall issue a safety permit under subsection (1) or a request for information under subsection (2) as soon as practicable after it has completed its assessment but no later than 6 months after the date of receipt of the safety case or revised safety case of an operator or owner or receipt of the additional information requested under subsection (2).
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(8) The acceptance of a safety case or revised safety case by the Commission and the issuing of a safety permit shall not be interpreted as relieving a petroleum undertaking of its duties under section 13K, an operator of his or her duties under section 13KB or an owner of his or her duties under section 13KC and does not imply any transfer of responsibility to the Commission.
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(9) A safety permit shall remain in operation for such period as may be specified in writing by the Commission unless it is revoked by the Commission under section 13Q or replaced by a new safety permit.
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(10) The Commission shall, as soon as practicable after the issue of a safety permit to a petroleum undertaking, ensure that a copy of that permit is published in the prescribed manner.”.
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