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Statutory Rules of Northern Ireland


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STATUTORY RULES OF NORTHERN IRELAND


2005 No. 45

HEALTH AND SAFETY

The Diving at Work Regulations (Northern Ireland) 2005

  Made 22nd February 2005 
  Coming into operation 4th April 2005 


ARRANGEMENT OF REGULATIONS

1. Citation and commencement.
2. Interpretation.
3. Application and extent.
4. Duty to ensure compliance with these Regulations.
5. The diving contractor.
6. Duties of diving contractor.
7. Information to be supplied to Executive by diving contractor.
8. Diving project plan.
9. Appointment of supervisor.
10. Duties of supervisor.
11. Power of supervisor to give directions.
12. Duties of and restrictions on divers.
13. Duties of and restrictions on persons engaged in a diving project.
14. Approved qualifications.
15. Certificate of medical fitness to dive.
16. Exemption certificates.
17. Transitional and supplementary provisions.
18. Revocations.
19. Amendments.

  Schedule 1. Premises and activities within the territorial sea.

  Schedule 2. Particulars to be included in the written notice sent to the Executive by the diving contractor.

  Schedule 3. Amendments.

The Department of Enterprise, Trade and Investment[
1], being the Department concerned[2], in exercise of the powers conferred on it by Articles 17(1), (2), (4) and (5)[3] and 55(2) of, and paragraphs 1(1), 3, 4, 5, 13, 14(1), 15 and 20(a) of Schedule 3 to, the Health and Safety at Work (Northern Ireland) Order 1978[4] and of every other power enabling it in that behalf and for the purpose of giving effect without modifications to proposals submitted to it by the Health and Safety Executive for Northern Ireland under Article 13(1A)[5] of that Order after the carrying out by the said Executive of consultations in accordance with Article 46(3)[6] of that Order, hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Diving at Work Regulations (Northern Ireland) 2005 and shall come into operation on 4th April 2005.

Interpretation
    
2.  - (1) In these Regulations -

    (2) For the purposes of these Regulations a person "dives" if -

Application and extent
     3.  - (1) These Regulations shall apply to and in relation to any diving project apart from the following -

    (2) These Regulations shall apply within the territorial sea only to and in relation to the premises and activities to which any of paragraphs 2 to 6 of Schedule 1 applies.

Duty to ensure compliance with these Regulations
    
4. Every person who to any extent is responsible for, has control over or is engaged in a diving project or whose acts or omissions could adversely affect the health and safety of persons engaged in such a project, shall take such measures as it is reasonable for a person in his position to take to ensure that these Regulations are complied with.

The diving contractor
    
5.  - (1) A person at work shall not dive in a diving project and an employer shall not employ any person in such a project unless there is one person and one person only who is the diving contractor for that project.

    (2) The diving contractor shall, subject to paragraph (3), be the person who -

    (3) Where there is more than one person falling within paragraph (2) those persons shall jointly appoint in writing before the commencement of the diving project one of themselves to act as diving contractor.

Duties of diving contractor
    
6.  - (1) The diving contractor shall ensure, so far as is reasonably practicable, that the diving project is planned, managed and conducted in a manner which protects the health and safety of all persons taking part in that project.

    (2) The diving contractor shall -

    (3) The diving contractor shall -

    (4) In this regulation, the "required particulars" means such particulars as are approved for the time being in writing by the Executive for the purposes of sub-paragraph 3(e); and any such approval may be given generally or in respect of any diving project or class of diving projects.

Information to be supplied to Executive by diving contractor
    
7.  - (1) A person shall not act as a diving contractor unless the particulars listed in Schedule 2 have been supplied in writing to the Executive by or in respect of that person.

    (2) Where there is a change in any of the particulars supplied under paragraph (1) the diving contractor shall ensure that details of the change are forthwith supplied in writing to the Executive.

    (3) Paragraphs (1) and (2) shall not apply where each person (apart from any person at work) diving in the diving project does so for recreational purposes.

Diving project plan
    
8.  - (1) The diving project plan shall be based on an assessment of the risks to the health and safety of any person taking part in the diving project and shall consist of a record of the outcome of the planning carried out in accordance with regulation 6(1) including all such information and instructions as are necessary to give advice to and to regulate the behaviour of those so taking part to ensure, so far as is reasonably practicable, their health and safety.

    (2) Without prejudice to the generality of paragraph (1), the diving project plan shall identify any approved code of practice giving guidance on these Regulations which will apply to the diving project.

    (3) The diving project plan shall identify each diving operation which makes up the diving project and the nature and size of any diving operation so identified shall be such that it can be safely supervised by one person.

Appointment of supervisor
    
9.  - (1) Only one supervisor shall be appointed to supervise a diving operation at any one time.

    (2) A person shall not be appointed, or act, as a supervisor unless he is competent and, where appropriate, suitably qualified to perform the functions of supervisor in respect of the diving operation which he is appointed to supervise.

Duties of supervisor
    
10.  - (1) The supervisor shall, in respect of the diving operation for which he has been appointed as supervisor -

    (2) The supervisor shall not dive during the diving operation which he is supervising unless -

Power of supervisor to give directions
    
11. A supervisor may, whilst supervising the diving operation in respect of which he is appointed, give such reasonable directions to any person taking part in that operation or who may affect the safety of that operation as are necessary to enable him to comply with regulation 10.

Duties of and restrictions on divers
    
12  - (1) A diver shall not dive in a diving project unless he -

    (2) Paragraph (1)(a) shall not apply to a diver who dives -

    (3) Every diver engaged in a diving project shall -

    (4) Paragraphs (1)(a) and (3) shall not apply to a diver, other than a person whose work normally involves work as a diver, who dives for educational purposes in a tank or pool artificially constructed for the purpose of swimming or diving and who uses self-contained underwater breathing apparatus.

Duties of and restrictions on persons engaged in a diving project
    
13.  - (1) A person shall not dive in a diving project -

    (2) Every person engaged in a diving project shall comply with -

Approved qualifications
    
14.  - (1) The Executive may approve in writing such qualification as it considers suitable for the purpose of ensuring the adequate competence of divers for the purposes of regulation 12(1)(a).

    (2) Any approval given under paragraph (1) may be limited to any diver or class of divers or any dive or class of dive, may be subject to conditions or limited to time, and may be revoked in writing by the Executive at any time.

    (3) An approved qualification shall not be valid for the purposes of regulation 12(1)(a) unless any limitation or any condition as to the approval of the qualification under this regulation is satisfied or complied with and the approval has not been revoked.

Certificate of medical fitness to dive
    
15.  - (1) A certificate of medical fitness to dive is a certificate from a medical examiner of divers (or from the Executive following an appeal under paragraph (4)) that the person issuing the certificate considers the person named in the certificate to be fit to dive.

    (2) A certificate of medical fitness to dive shall state -

    (3) A certificate of medical fitness to dive may be subject to conditions stated in the certificate and may be revoked at any time on medical grounds by a medical examiner of divers or the Executive.

    (4) Where a certificate of medical fitness to dive is -

by a medical examiner of divers, the person who applied for or holds the certificate may, within 28 days of the decision in question, appeal to the Executive against that decision; and the Executive shall thereupon review the decision and if satisfied that the decision should be reversed or altered shall issue a certificate to that effect.

    (5) A certificate of medical fitness to dive shall not be valid unless any limitation or any condition stated in it is satisfied or complied with and it has neither expired nor been revoked.

    (6) In this regulation, "medical examiner of divers" means a registered medical practitioner who is, or who falls within a class of medical practitioners which is, for the time being, approved in writing by the Executive for the purposes of this regulation; and any such approval may be given generally or restricted to any class of diver or dive.

Exemption certificates
    
16.  - (1) Subject to paragraph (2), the Executive may, by a certificate in writing, exempt any person or class of persons, any diving operation or class of diving operations and any plant or class of plant from any requirement or prohibition imposed by any provision of these Regulations, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time.

    (2) The Executive shall not grant any such exemption unless, having regard to the circumstances of the case, and in particular to -

it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.

Transitional and supplementary provisions
    
17.  - (1) Any certificate of training and any certificate of medical fitness to dive issued, or having effect as if issued, under the Diving Operations at Work Regulations (Northern Ireland) 1994[9] ("the 1994 Regulations") shall have effect, subject to any conditions or limitations contained in any such certificate, as if it were, as the case may be, an approved qualification or a certificate of medical fitness to dive for the purposes of these Regulations.

    (2) Any diving operation log book required to be maintained under the 1994 Regulations shall be regarded, in respect of entries made therein before the coming into operation of these Regulations, as if it were a diving operation record for the purpose of these Regulations.

    (3) Any diver's log book retained in accordance with regulation 10(6) of the 1994 Regulations shall be retained for such period of time as would have been required by that regulation had the 1994 Regulations not been revoked.

Revocations
     18. The Diving Operations at Work Regulations (Northern Ireland) 1994 are hereby revoked.

Amendments
    
19. The statutory provisions mentioned in Schedule 3 shall be amended to the extent specified in that Schedule.



Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on


22nd February 2005.

L.S.


Michael J. Bohill
A senior officer of the Department of Enterprise, Trade and Investment


SCHEDULE 1
Regulation 3(2)


PREMISES AND ACTIVITIES WITHIN THE TERRITORIAL SEA


Interpretation
     1.  - (1) In this Schedule -

    (2) For the purposes of this Schedule, any structures and devices on top of a well shall be treated as forming part of the well.

    (3) Any reference in this Schedule to premises and activities includes a reference to any person, article or substance on those premises or engaged in, or, as the case may be, used or for use in connection with any such activity, but does not include a reference to an aircraft which is airborne.

Offshore installations
     2.  - (1) This paragraph shall apply to and in relation to -

    (2) Subject to sub-paragraph (3), in this paragraph, "offshore installation" means a structure which is, or is to be, or has been, used while standing or stationed in water, or on the foreshore or other land intermittently covered with water -

together with any supplementary unit which is ordinarily connected to it, and all the connections.

    (3) Any reference in sub-paragraph (2) to a structure or unit does not include -

Wells
     3.  - (1) Subject to sub-paragraph (2), this paragraph applies to and in relation to -

    (2) Sub-paragraph (1) includes keeping a vessel on station for the purpose of working on a well but otherwise does not include navigation or an activity connected with navigation.

Pipelines
     4.  - (1) This paragraph applies to and in relation to -

    (2) In this paragraph -

but not including a pipeline of which no initial or terminal point is situated in the United Kingdom, within the territorial sea adjacent to the United Kingdom, or within a designated area;

Mines
     5.  - (1) This paragraph applies to and in relation to a mine within the territorial sea or extending beyond it, and any activity in connection with it, while it is being worked.

    (2) In this paragraph "mine" has the same meaning as in the Mines Act (Northern Ireland) 1969[11].

Other activities
     6.  - (1) Subject to paragraph (2), this paragraph applies to and in relation to -

    (2) This paragraph shall not apply -



SCHEDULE 2
Regulation 7(1)


PARTICULARS TO BE INCLUDED IN THE WRITTEN NOTICE SENT TO THE EXECUTIVE BY THE DIVING CONTRACTOR


The particulars referred to in regulation 7(1) are -

     1. Name, address and telephone number of the diving contractor.

     2. Legal status of the diving contractor (for example: limited company, partnership, sole proprietor).

     3. Name, address and telephone number (where different from 1) of the person to be contacted, in case of need, by the Executive.

     4. The signature and full name of the person supplying the particulars.

     5. The date upon which the particulars are supplied.



SCHEDULE 3
Regulation 19


AMENDMENTS


Health and Safety (First-Aid) Regulations (Northern Ireland) 1982

     1. In regulation 7(f) of the Health and Safety (First-Aid) Regulations (Northern Ireland) 1982[
12], for the words "the Diving Operations at Work Regulations (Northern Ireland) 1994" there shall be substituted the words "the Diving at Work Regulations (Northern Ireland) 2005".

Construction (Head Protection) Regulations (Northern Ireland) 1990

     2. In regulation 3(2) of the Construction (Head Protection) Regulations (Northern Ireland) 1990[13], for the words "a diving operation as construed in accordance with regulation 2(2)(a) of the Diving Operations at Work Regulations (Northern Ireland) 1983" there shall be substituted the words "a diving project within the meaning of regulation 2(1) of the Diving at Work Regulations (Northern Ireland) 2005".

Offshore Installations (Safety Case) Regulations (Northern Ireland) 1993

     3. In regulation 2(1) of the Offshore Installations (Safety Case) Regulations (Northern Ireland) 1993[14], for the definition of "diving bell" there shall be substituted the following definition -

Reporting of Injuries Diseases and Dangerous Occurrences Regulations (Northern Ireland) 1997

     4. In the Reporting of Injuries Diseases and Dangerous Occurrences Regulations (Northern Ireland) 1997[15] -

     5. In the Confined Spaces Regulations (Northern Ireland) 1999[16] -

     6. In the Pressure Systems Safety Regulations (Northern Ireland) 2004[17] -

     7. In regulation 3(2) of the Work in Compressed Air Regulations (Northern Ireland) 2004[18], for the words "to any diving operation as construed in accordance with regulation 2(2)(a) of the Diving Operations at Work Regulations (Northern Ireland) 1994" there shall be substituted the words "to any diving project within the meaning of regulation 2(1) of the Diving at Work Regulations (Northern Ireland) 2005".



EXPLANATORY NOTE

(This note is not part of the Regulations.)


     1. These Regulations impose requirements and prohibitions with respect to persons at work who "dive" as defined in regulation 2(2).

     2. The Regulations apply to a "diving project" as defined in regulation 2(1) subject to specified exceptions (regulation 3).

     3. The Regulations -

     4. In Great Britain, the corresponding Regulations are the Diving at Work Regulations 1997 (S.I. 1997/2776). Copies of the regulatory impact assessment relating to those Regulations together with a Northern Ireland Supplement are held at the offices of the Health and Safety Executive for Northern Ireland at 83 Ladas Drive, Belfast BT6 9FR from where copies may be obtained on request.

     5. A person who contravenes these Regulations or any requirement or prohibition imposed thereunder, is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978 and is liable, on summary conviction, to a fine not exceeding the statutory maximum (currently £5,000) or, on conviction on indictment, to a fine.


Notes:

[1] Formerly the Department of Economic Development; see S.I. 1982/846 (N.I. 11), Article 3 and S.I. 1999/283 (N.I. 1), Article 3(5)back

[2] See Article 2(2) of S.I. 1978/1039 (N.I. 9)back

[3] Article 17 must be read with S.I. 1992/1728 (N.I. 17), Articles 3(2) and 4(2)back

[4] S.I. 1978/1039 (N.I. 9); the general purposes of Part II referred to in Article 17(1) were extended by S.I. 1992/1728 (N.I. 17), Articles 3(1) and 4(1). Article 47A was inserted by Article 3, and Article 2 was amended by Articles 4 and 8, of S.I. 1997/1774 (N.I. 16)back

[5] Article 13(1) was substituted by S.I. 1998/2795 (N.I. 18), Article 4back

[6] Article 46(3) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraphs 8 and 18(c)back

[7] 1983 c. 54; as amended by 1995 c. 51, 1997 c. 46, 2002 c. 17 and S.I. 1986/23, S.I. 1996/1591, S.I. 2000/1803, S.I. 2000/3041 and S.I. 2002/3135back

[8] 1952 c. 67back

[9] S.R. 1994 No. 146 as amended by S.R. 1995 No. 340 and S.R. 1999 No. 150back

[10] 1964 c. 29; section 1 was amended by the Oil and Gas (Enterprise) Act 1982 (1982 c. 23), Schedule 3, paragraph 1back

[11] 1969 c. 6 (N.I.)back

[12] S.R. 1982 No. 429 as amended by S.R. 1993 No. 323; S.R. 1994 No. 146; S.R. 1999 No. 150 and S.R. 2000 No. 388back

[13] S.R. 1990 No. 424 as amended by S.R. 1993 No. 20 and S.R. 1999 No. 150back

[14] S.R. 1993 No. 221 as amended by S.R. 1995 No. 340, S.R. 1995 No. 345, S.R. 1996 No. 228 and S.R. 1999 No. 150back

[15] S.R. 1997 No. 455 as amended by S.R. 1998 No. 375; S.R. 1999 No. 150, S.R. 2000 No. 375 and S.R. 2001 No. 436back

[16] S.R. 1999 No. 13 as amended by S.R. 1999 No. 150back

[17] S.R. 2004 No. 222back

[18] S.R. 2004 No. 241back



ISBN 0 337 95837 8


 © Crown copyright 2005

Prepared 4 March 2005


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