Safety, Health and Welfare (Offshore Installations) Act, 1987
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Regulations generally. |
5.—(1) The Minister may, after consultation with the Minister for Energy, make regulations for giving effect to this Act, provided that— | |
(a) in so far as such regulations relate to the health of persons they shall only be made after consultation also with the Minister for Health, and | ||
(b) in so far as such regulations relate to hovercraft, helicopters or other aircraft, vessels, radio facilities or radio services, or to rescue facilities provided, or to be provided, as regards offshore installations, they shall be made only with the concurrence of the Minister for Communications, the Minister for the Marine and the Minister for Tourism and Transport, and | ||
(c) in so far as such regulations relate to fire safety measures, they shall be made after consultation also with the Minister for the Environment. | ||
(2) Without prejudice to the generality of subsection (1) of this section, regulations under this Act may— | ||
(a) be made prescribing anything referred to in this Act as prescribed, | ||
(b) make different provisions in respect of different classes or descriptions of offshore installations, | ||
(c) make provisions in relation to offshore installations which shall apply in prescribed circumstances (for example provisions applying in relation to offshore installations which are in transit or provisions applying to offshore installations which are on station), | ||
(d) grant, or provide for the granting of, exemptions (subject to or without conditions) from any of the provisions thereof, | ||
(e) include provisions requiring the keeping of records, | ||
(f) require the display and posting in a prescribed manner of copies of, or of prescribed abstracts of this Act or specified regulations under this Act, | ||
(g) otherwise require prescribed provisions of this Act to be brought in a prescribed manner to the attention of persons employed on offshore installations to which this Act applies, | ||
(h) make provision for any ancillary or supplementary matters for which the Minister thinks it proper to provide. | ||
(3) Regulations under this Act may provide that persons of a prescribed class or description shall be responsible for ensuring that specified requirements of the regulations are complied with. | ||
(4) (a) Regulations under this Act which are declared to be regulations to which this paragraph applies may— | ||
(i) afford, in respect of any provision contained in the regulations, such defence, if any, as may be prescribed by the regulations, | ||
(ii) impose a restriction on the penalty which may be imposed under section 39 (7) of this Act in relation to any contravention of the regulations, | ||
(iii) provide that the only form of proceedings to be instituted in relation to any alleged contravention of the regulations shall be summary proceedings. | ||
(b) Regulations under this Act, other than regulations under section 14 (4) of this Act, may declare that contravention of a condition specified in the regulations shall be an offence. | ||
(5) Regulations under this Act may provide that any provision of this Act shall not apply to such part of an offshore installation, or shall apply thereto subject to specified modifications, as may be prescribed, and in case a regulation under this subsection is for the time being in force, any provision of this Act which is one to which the regulation relates shall be construed and have effect subject to and in accordance with the regulation. | ||
(6) Nothing in regulations made under this Act shall prevent a person raising a defence which, apart from the regulations, would be open to him to raise in proceedings for an offence under this Act. | ||
(7) (a) Before making regulations under this Act, other than under the provisions hereof specified in paragraph (b) of this subsection, the Minister shall publish in Iris Oifigiúil, and in such other manner as he may think best adapted for informing persons affected, notice of the proposal to make the regulations, and of the place where copies of a draft of the regulations may be obtained, and of the time (which shall not be less than twenty-one days) within which any representation made as regards the draft regulations by or on behalf of persons affected must be received by the Minister. | ||
(b) The provisions of this Act referred to in paragraph (a) of this subsection are section 13 (5) (b) and paragraphs 7, 12and 13 of the Schedule to this Act. | ||
(8) Where the Minister proposes to make regulations under this Act and it is proposed to declare the regulations to be regulations to which paragraph (a) of subsection (4) of this section applies, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House. | ||
(9) Nothing in this Act, apart from this section, shall be construed as prejudicing the generality of subsection (1) of this section. | ||
(10) Every regulation made under this Act, other than a regulation which has been approved of by each House of the Oireachtas by resolution, shall be laid before each such House as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the last twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. |