The Carbon Capture Utilisation and Storage and Offshore Hydrogen Production (Miscellaneous Amendments) Regulations 2026
These Regulations, made on 10th March 2026 and effective 6th April 2026, introduce amendments across six major pieces of UK health and safety legislation governing offshore installations and pipelines, primarily to formally incorporate activities related to Carbon Capture, Utilisation and Storage (CCUS) and offshore hydrogen production into existing safety, management, regulatory, and reporting frameworks, ensuring these nascent energy sectors are regulated under consistent safety standards previously applied to the offshore oil and gas industry.
Arguments For
Ensures that key health and safety legislation governing offshore activities is updated to encompass emerging energy technologies like Carbon Capture, Utilisation and Storage (CCUS) and offshore hydrogen production.
Standardizes terminology and responsibilities (licensee, operator, competent authority) across several core offshore safety regulations, promoting regulatory clarity as the energy transition progresses.
Extends necessary safety protocols, such as inspector conveyance duties and the requirement for major accident prevention policies, to new types of offshore installations, thereby enhancing worker safety in these developing sectors (e.g., Regulation 2(4) extending inspector conveyance duties regarding CCUS operations).
Implements necessary definitions for dangerous fluids (like pressurized $\text{CO}_2$) in pipeline safety regulations, directly supporting the infrastructure required for CCUS projects.
Arguments Against
Increases the regulatory burden on operators by integrating complex new definitions, reporting requirements, and policy considerations (like safety cases) into existing, established regimes designed primarily for oil and gas extraction.
The amendments introduce several new compliance timelines (e.g., the three-month window for competent authority feedback on safety cases for CCUS/hydrogen installations) that might prove challenging to meet alongside existing obligations.
The complexity added by defining responsibilities separately for CCUS, hydrogen, and traditional petroleum activities across multiple amended regulations might lead to interpretation difficulties or potential gaps in oversight if responsibilities overlap or are unclear.
The review mandate (Regulation 8) suggests the framework is provisional, meaning businesses investing now face prospective regulatory uncertainty requiring reassessment by April 2031.
STATUTORY INSTRUMENTS
2026 No. 185 HEALTH AND SAFETY
The Carbon Capture Utilisation and Storage and Offshore Hydrogen Production (Miscellaneous Amendments) Regulations 2026
Made - - -
10th March 2026
Laid before Parliament
11th March 2026
Coming into force - -
6th April 2026
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 15(1) and (2) and 82(3)(a) of, and paragraphs 1(1) and (2) and 15(1) of Schedule 3 to, the Health and Safety at Work etc. Act 1974( 1 ), for the purpose of giving effect without modifications to proposals submitted to the Secretary of State by the Health and Safety Executive under section 11(3) of that Act after the carrying out of consultations by the Executive in accordance with section 50(3) of that Act.
This section identifies the document as a Statutory Instrument concerning Health and Safety, specifically numbered 2026 No. 185.
It states that the Secretary of State made these Regulations on March 10th, 2026, which came into force on April 6th, 2026.
The legal authority for making these rules derives from the Health and Safety at Work etc.
Act 1974, following consultation and proposals from the Health and Safety Executive (HSE).
Citation, commencement and extent
- -(1) These Regulations may be cited as the Carbon Capture Utilisation and Storage and Offshore Hydrogen Production (Miscellaneous Amendments) Regulations 2026 and come into force on 6th April 2026.
- (2) Any amendment made by these Regulations has the same extent as the provision amended or revoked.
- (3) Regulation 8 does not extend to Northern Ireland.
This outlines the formal title of the Regulations and confirms the commencement date of April 6th, 2026.
It specifies that any changes made by these rules apply to the same geographical areas as the original laws they are modifying.
However, the provision regarding the review of these Regulations (Regulation 8) does not apply in Northern Ireland.
Amendment of the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995
- -(1) The Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995( 2 ) are amended as follows.
- (2) In regulation 2(1) (interpretation)-
( 1 ) 1974 c. 37. Section 15(1) was substituted by the Employment Protection Act 1975 (c. 71), Schedule 15, paragraph 6, and amended by S.I. 2002/794; section 15(2) was amended by the Energy Act 2013 (c. 32), Schedule 12, paragraph 5(3). Section 11 was substituted by S.I. 2008/960. Section 50(3) was amended by the Employment Protection Act 1975, Schedule 15, paragraph 16(3), the Health and Social Care Act 2012, Schedule 7, paragraph 6, the Energy Act 2013, Schedule 12, paragraph 11(4), and S.I. 2008/960.
( 2 ) S.I. 1995/738, amended by S.I. 2002/2175, 2005/3117 and 2015/3117.
- (a) after the definition of 'associated structure' insert-
''carbon capture, utilisation and storage' means the capture, utilisation and storage of carbon dioxide, including its injection into geological formations beneath the seabed or onshore;'
- (b) for the definition of 'licensee' substitute-
''licensee'-
(a) in relation to carbon capture, utilisation and storage, means a person who holds a 'licence' as defined in-
(i) regulation 1(3) of the Storage of Carbon Dioxide (Licensing etc.) Regulations 2010( 3 ); or
(ii) regulation 1(3) of the Storage of Carbon Dioxide (Licensing etc.) (Scotland) Regulations 2011( 4 );
(b) in relation to offshore hydrogen production, means the person in control of the offshore installation;
(c) in relation to internal waters, with the exception of carbon capture, utilisation and storage and offshore hydrogen production, means any person to whom a licence to search and bore for and get petroleum in respect of any area within internal waters is granted pursuant to section 2 of the Petroleum (Production) Act 1934( 5 ) or section 3 of the Petroleum Act 1998( 6 ); and
(d) in relation to external waters, with the exception of carbon capture, utilisation and storage and offshore hydrogen production, means an 'offshore licensee' as defined in regulation 2(1) of the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015( 7 );'
(c) after the definition of 'non-production installation' insert-
''offshore hydrogen production' means the production of hydrogen including any processes involved in its production;'
- (d) for the definition of 'operator' substitute-
''operator'-
- (a) in relation to carbon capture, utilisation and storage, has the meaning given in regulation 2(1) of the 2015 Regulations;
- (b) in relation to offshore hydrogen production, has the meaning given in regulation 2(1) of the 2015 Regulations;
- (c) in relation to anything in internal waters other than carbon capture, utilisation and storage and offshore hydrogen production-
- (i) in relation to the dismantling of a fixed installation (within the meaning given in the 2005 Regulations), has the meaning given in regulation 11(4) of the 2005 Regulations; and
- (ii) otherwise, has the meaning given in regulation 2(1) of the 2005 Regulations in relation to a production installation; and
( 3 ) S.I. 2010/2221, to which there are amendments not relevant to these Regulations.
( 4 ) S.S.I. 2011/24, to which there are amendments not relevant to these Regulations.
( 5 ) 1934 c. 36.
( 6 ) 1998 c. 17; section 3 was amended by the Scotland Act 2016 (c. 11), section 48(3) and (4), and S.I. 2016/898 and 2018/163.
( 7 ) S.I. 2015/385, to which there are amendments not relevant to these Regulations.
(d) in relation to anything in external waters other than carbon capture, utilisation and storage and offshore hydrogen production, has the meaning given in regulation 2(1) of the 2015 Regulations;'
(e) for the definition of 'production installation' substitute-
''production installation' in relation to-
- (a) carbon capture, utilisation and storage, has the meaning given in regulation 2(1) of the 2015 Regulations;
- (b) offshore hydrogen production, has the meaning given in regulation 2(1) of the 2015 Regulations;
- (c) internal waters, with the exception of carbon capture, utilisation and storage and offshore hydrogen production, has the meaning given in regulation 2(1) of the 2005 Regulations; and
- (d) external waters, with the exception of carbon capture, utilisation and storage and offshore hydrogen production, has the meaning given in regulation 2(1) of the 2015 Regulations;'.
Regulation 2 amends the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 (MAR) by updating definitions within Regulation 2(1).
It inserts a definition for 'carbon capture, utilisation and storage' (CCUS) and 'offshore hydrogen production'.
Crucially, it redefines 'licensee' and 'operator' to specifically address roles within CCUS and hydrogen operations, as well as clarifying definitions based on whether the activity is in internal or external waters and distinguishing them from traditional petroleum activities.
It also updates the definition of 'production installation' to include those involved in CCUS and hydrogen production.
(3) In regulation 3 (meaning of 'offshore installation')-
- (a) after paragraph (1)(a) insert-
'(aa) for offshore hydrogen production;';
- (b) after paragraph (4) insert-
'(5) In this regulation 'gas' means any substance which is gaseous at a temperature of 15°C and a pressure of 101.325 kPa (1013.25 mb).'.
Minor changes are made to Regulation 3 concerning the definition of an 'offshore installation' to specifically include installations used for offshore hydrogen production.
Additionally, a precise definition for 'gas' is inserted based on specific temperature and pressure standards, likely relevant for safety assessments involving hydrogen or other volatile substances.
(4) In regulation 21F (power of inspectors of offshore installations; duty to provide accommodation and subsistence to inspectors)-
- (a) in the heading, after 'installations' insert 'and offshore wind or marine energy installations';
- (b) in paragraph (2)(a) for the words from 'to require' to 'gas operations' substitute-
- '(a) to require a duty holder to convey to and from an offshore installation, an offshore wind or marine energy installation or a vessel associated with offshore oil and gas operations, CCUS operations, offshore hydrogen operations or offshore wind or marine energy operations, at any reasonable time, by a reasonable method-';
- (c) for paragraph (6) substitute-
'(6) In this regulation-
'CCUS operations' means all activities associated with an offshore installation relating to carbon capture, utilisation and storage, including the design, planning, construction, operation and decommissioning of the installation;
'energy structure' has the meaning given in article 9 (production of energy from water or wind) of the 2013 Order;
'offshore hydrogen operations' means all activities associated with an offshore installation relating to offshore hydrogen production, including the design, planning, construction, operation and decommissioning of the installation;
'offshore oil and gas operations' means all activities associated with an offshore installation relating to exploration and production of petroleum, including the design, planning, construction, operation and decommissioning of the installation, but excluding the conveyance of petroleum from one coast to another;
'offshore wind or marine energy installation' means an installation of one or more energy structures and technology, including cables, within the territorial sea or a renewable energy zone for the purposes specified in article 9(1)(a) to (c) of the 2013 Order;
'offshore wind or marine energy operations' means all activities associated with an offshore wind or marine energy installation or are connected with or preparatory to the purposes specified in article 9(1)(a) to (c) of the 2013 Order, including the design, planning, construction, operation and decommissioning of the offshore wind or marine energy installation; and
'renewable energy zone' has the meaning given in article 9 of the 2013 Order.'.
This part amends Regulation 21F regarding the powers of inspectors.
The scope is extended to include 'offshore wind or marine energy installations' in the heading and in the duties requiring duty holders to provide conveyance for inspectors.
New definitions are introduced for 'CCUS operations' and 'offshore hydrogen operations', defining them broadly to cover all phases from design through to decommissioning.
This ensures inspectors have guaranteed access to sites related to these new energy activities.
Amendment of the Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995
- -(1) The Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995( 8 ) are amended as follows.
- (2) In regulation 2(1) (interpretation)-
- (a) after the definition of 'acoustic signal' insert-
''carbon capture, utilisation and storage' means the capture, utilisation and storage of carbon dioxide, including its injection into geological formations beneath the seabed or onshore;'
- (b) for the definition of 'licensee' substitute-
''licensee'-
(a) in relation to carbon capture, utilisation and storage, means a person who holds a 'licence' as defined in-
(i) regulation 1(3) of the Storage of Carbon Dioxide (Licensing etc.) Regulations 2010; or
(ii) regulation 1(3) of the Storage of Carbon Dioxide (Licensing etc.) (Scotland) Regulations 2011;
(b) in relation to offshore hydrogen production, means the person in control of the installation;
(c) in relation to anything in internal waters other than carbon capture, utilisation and storage and offshore hydrogen production, means any person to whom a licence to search and bore for and get petroleum in respect of any area within internal waters is granted pursuant to section 2 of the Petroleum (Production) Act 1934 or section 3 of the Petroleum Act 1998; and
(d) in relation to anything in external waters other than carbon capture, utilisation and storage and offshore hydrogen production, means an offshore licensee as defined in regulation 2(1) of the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015;'
(c) for the definition of 'major accident' substitute-
''major accident'-
- (a) in relation to carbon capture, utilisation and storage, has the meaning given in regulation 2(1) of the 2015 Regulations;
( 8 ) S.I. 1995/743, amended by S.I. 2015/398; there are other amending instruments, but none is relevant.
- (b) in relation to offshore hydrogen production, has the meaning given in regulation 2(1) of the 2015 Regulations;
- (c) in relation to anything in internal waters other than carbon capture, utilisation and storage and offshore hydrogen production, has the meaning given in regulation 2(1) of the 2005 Regulations; and
- (d) in relation to anything in external waters other than carbon capture, utilisation and storage and offshore hydrogen production has the meaning given in regulation 2(1) of the 2015 Regulations;'
(d) after the definition of 'non-production installation' insert-
''offshore hydrogen production' means the production of hydrogen including any processes involved in its production;'
(e) for the definition of 'operator' substitute-
''operator-.
- (a) in relation to carbon capture, utilisation and storage, has the meaning given in regulation 2(1) of the 2015 Regulations;
- (b) in relation to offshore hydrogen production, has the meaning given in regulation 2(1) of the 2015 Regulations;
- (c) in relation to anything in internal waters other than carbon capture, utilisation and storage and offshore hydrogen production-
- (i) in relation to the dismantling of a fixed installation (as a fixed installation is defined in the 2005 Regulations), has the meaning given in regulation 11(4) of the 2005 Regulations; and
- (ii) otherwise, has the meaning given in regulation 2(1) of the 2005 Regulations in relation to a production installation; and
- (d) in relation to anything in external waters other than carbon capture, utilisation and storage and offshore hydrogen production, has the meaning given in regulation 2(1) of the 2015 Regulations;'
(f) for the definition of 'production installation' substitute-
''production installation'-
- (a) in relation to carbon capture, utilisation and storage, has the meaning given in regulation 2(1) of the 2015 Regulations;
- (b) in relation offshore hydrogen production, has the meaning given in regulation 2(1) of the 2015 Regulations;
- (c) in relation to anything in internal waters other than carbon capture, utilisation and storage and offshore hydrogen production, has the meaning given in regulation 2(1) of the 2005 Regulations; and
- (d) in relation to anything in external waters other than carbon capture, utilisation and storage and offshore hydrogen production, has the meaning given in regulation 2(1) of the 2015 Regulations;'.
Regulation 3 updates the interpretation definitions in the Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995.
Similar to Regulation 2, it inserts definitions for CCUS and offshore hydrogen production.
It comprehensively redefines 'licensee', 'major accident', 'operator', and 'production installation' to specifically cover CCUS and hydrogen activities, ensuring that fire prevention, explosion protection, and emergency response rules apply correctly to these new operational types.
(3) For regulation 5(3)(c) (assessment) substitute-
'(c) notify-
(i) in the case of an installation used for carbon capture, utilisation and storage, the Executive;
(ii) in the case of an installation used for offshore hydrogen production, the Executive;
(iii) in the case of an installation in internal waters used for anything other than carbon capture, utilisation and storage or offshore hydrogen production, the Executive;
(iv) in the case of an installation in external waters used for anything other than carbon capture, utilisation and storage or offshore hydrogen production, the competent authority,
of such address.'.
Regulation 5(3)(c) modifies the requirement for notification during an assessment process under Regulation 5.
It specifies that for installations dedicated to CCUS or offshore hydrogen production, the notification must be directed to the Health and Safety Executive (the Executive).
However, for installations in external waters outside of these scopes, notification goes to the 'competent authority'.
Amendment of the Pipelines Safety Regulations 1996
- In Schedule 2 to the Pipelines Safety Regulations 1996 (descriptions of dangerous fluids)( 9 ), after paragraph 9 insert-
' 9A. Carbon dioxide which-
- (a) is in any fluid state;
- (b) includes mixtures which consist predominantly of carbon dioxide; and
- (c) is used exclusively for the purposes of carbon capture, utilisation and storage operations, and associated activities.'.
Regulation 4 amends Schedule 2 of the Pipelines Safety Regulations 1996 by adding a new description of a dangerous fluid.
This addition explicitly covers carbon dioxide in any fluid state, including mixtures where $\text{CO}_2$ is predominant, provided it is used exclusively for CCUS operations and related activities.
This incorporates the substance for CCUS into the pipeline safety regime.
Amendment of the Offshore Installations and Wells (Design and Construction, etc.) Regulations 1996
- In regulation 2(1) of the Offshore Installations and Wells (Design and Construction, etc.) Regulations 1996 (interpretation)( 10 ), in the definition of 'well operator' for sub-paragraph (b) substitute-
- '(b) in relation to a well in external waters-
- (i) used for the injection of carbon dioxide for the purposes of storage or associated activities or for the storage of hydrogen or associated activities, has the same meaning of 'licensee' as in regulation 2(1) of the 2015 Regulations;
- (ii) otherwise, has the meaning given in regulation 2(1) of the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015'.
Regulation 5 updates the definition of 'well operator' in the design and construction regulations, specifically for wells located in external waters.
It assigns the term 'licensee' (as defined in the 2015 Regulations) to a well operator when the well is used for injecting $\text{CO}_2$ for storage or storing hydrogen and associated activities.
For all other uses, the term refers to the definition within the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015.
Amendment of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013
- In regulation 3 of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (responsible person)( 11 )-
- (a) for paragraph (2)(d)(ii) substitute-
'(ii) at a well-
- (aa) used for the storage of carbon dioxide or associated activities or for the storage of hydrogen or associated activities, the well operator; or
- (bb) used otherwise, the person appointed to organise and supervise the drilling of, and operations using, that well by any person granted a licence under section 3 of the Petroleum Act 1998, or where no such person is appointed, that licensee;';
- (b) after paragraph (3) insert-
( 11 ) S.I. 2013/1471, amended by S.I. 2015/1637; there are other amendments not relevant to these Regulations.
'(4) In paragraph (2)(d)(ii)(aa) 'well operator' has the meaning given in sub-paragraph (b) of the definition of 'well operator' in regulation 2(1) of the Offshore Installations and Wells (Design and Construction, etc.) Regulations 1996 (interpretation).'.
Regulation 6 modifies who is considered the 'responsible person' for reporting injuries or dangerous occurrences under RIDDOR 2013, focusing on wells.
For wells specifically used for storing $\text{CO}_2$ or hydrogen, the 'well operator' (defined by reference to Regulation 5's amendments) is the responsible person.
For other wells, the responsibility defaults to the appointed supervisor or the licensee, ensuring clear accountability for safety reporting in CCUS and hydrogen storage wells.
Amendment of the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015
- -(1) The Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015( 12 ) are amended as follows.
(2) In regulation 2 (interpretation)-
- (a) in paragraph (1)-
(i) after the definition of 'the 1995 Act' insert-
''carbon capture, utilisation and storage' means the capture, utilisation and storage of carbon dioxide including its injection into geological formations beneath the seabed or onshore;
'CCUS operations' means all activities associated with an offshore installation relating to carbon capture, utilisation and storage, including the design, planning, construction, operation and decommissioning of the installation;'
(ii) for the definition of 'competent authority' substitute-
''competent authority' means-
- (a) in relation to CCUS operations and offshore hydrogen operations, the Executive;
- (b) otherwise, the Executive and Secretary of State acting jointly;'
(iii) for the definition of 'licensee' substitute-
''licensee'-
- (a) in relation to offshore oil and gas operations including conveyance by means of a pipeline, means an 'offshore licensee' as defined in regulation 2(1) of the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015;
- (b) in relation to carbon capture, utilisation and storage, means a person who holds a 'licence' as defined in-
- (i) regulation 1(3) of the Storage of Carbon Dioxide (Licensing etc.) Regulations 2010; or
- (ii) regulation 1(3) of the Storage of Carbon Dioxide (Licensing etc.) (Scotland) Regulations 2011; and
- (c) in relation to offshore hydrogen production, means the person in control of the installation;'
(iv) after the definition of 'notified' insert-
''offshore hydrogen operations' means all activities associated with an offshore installation relating to offshore hydrogen production, including the design, planning, construction, operation and decommissioning of the installation;
( 12 ) S.I. 2015/398, amended by S.I. 2016/912, 2017/238 and 2018/1370; there are other amendments not relevant to these Regulations.
'offshore hydrogen production' means the production of hydrogen including any processes involved in its production;'
(v) for the definition of 'operator' substitute-
''operator'-
- (a) in relation to a production installation which extracts petroleum from beneath the seabed by means of a well, means an 'installation operator' as defined in regulation 2(1) of the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015;
- (b) in relation to a production installation which is used for the conveyance of petroleum by means of a pipe, means an 'installation operator' as defined in regulation 2(1) of the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015;
- (c) in relation to a production installation which is used for carbon capture, utilisation and storage, means an operator as defined in-
- (i) regulation 1(3) of the Storage of Carbon Dioxide (Licensing etc.) Regulations 2010; or
- (ii) regulation 1(3) of the Storage of Carbon Dioxide (Licensing etc.) (Scotland) Regulations 2011; and
- (d) in relation to a production installation which is used for offshore hydrogen production, means a licensee;'
(vi) for the definition of 'production installation' substitute-
''production installation' means an installation which-
- (a) (i) extracts petroleum from beneath the seabed by means of a well;
- (ii) is used for the conveyance of petroleum by means of a pipe;
- (iii) is used for carbon capture, utilisation and storage; or
- (iv) is used for offshore hydrogen production; and
- (b) (i) includes a-
- (aa) non-production installation converted for use as a production installation for so long as it is so converted;
- (bb) production installation which has ceased production for so long as it is not converted to a non-production installation; and
- (cc) production installation which has not come into use; and
- (ii) does not include an installation which, for a period of no more than 90 days, extracts petroleum from beneath the seabed for the purposes of well testing;'
(vii) in the definition of 'relevant statutory provisions', after 'operations' insert ', CCUS operations and offshore hydrogen operations';
Regulation 7 involves substantial changes to the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015.
It introduces definitions for CCUS and offshore hydrogen operations, and crucially redefines the 'competent authority' for CCUS and hydrogen operations to be solely the HSE, whereas generally it is the HSE and Secretary of State jointly.
It also reworks definitions for 'licensee', 'operator', and 'production installation' to explicitly include CCUS and hydrogen activities, ensuring safety case regimes apply to these new uses alongside traditional petroleum activities.
(viii) for the definition of 'well operator' substitute-
''well operator'-
(a) in relation to a well used for the injection of carbon dioxide for the purposes of storage or associated activities or for the storage of hydrogen and associated activities, means the licensee;
(b) in relation to all other uses, including a proposed well, has the meaning given in regulation 2(1) of the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015.';
(b) in paragraph (10), after 'together with', insert ', in the case of offshore oil and gas operations,'.
This continues the amendments to Regulation 2 of the 2015 Regulations.
It redetermines the 'well operator' for wells involved in $\text{CO}_2$ injection storage or hydrogen storage, assigning this role to the 'licensee'.
For all other well uses, the existing definition from the Offshore Petroleum Licensing Regulations applies.
Paragraph (10) is also minimally amended to specify requirements related to offshore oil and gas operations.
(3) In regulation 6 (capacity of operator to meet requirements)-
- (a) in paragraph (1) omit the words from 'within' to the end (including the brackets);
- (b) after paragraph (2) insert-
'(3) In this regulation 'licensing authority'-
- (a) in relation to petroleum extraction and conveyance, means the 'licensing authority' within the meaning given in regulation 2(1) of the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015;
- (b) in relation to carbon capture, utilisation and storage, means-
- (i) in England, 'the authority' within the meaning given in regulation 1(3) of the Storage of Carbon Dioxide (Licensing etc.) Regulations 2010; and
- (ii) in Scotland, 'the authority' within the meaning given in regulation 1(3) of the Storage of Carbon Dioxide (Licensing etc.) (Scotland) Regulations 2011.'.
Regulation 6 amendments relate to assessing an operator's capacity to meet safety requirements.
The modification removes an existing scope limitation in paragraph (1).
New subsection (3) defines the 'licensing authority' for capacity assessments for CCUS activities, directing it to the relevant authorities under the $\text{CO}_2$ Storage Licensing Regulations for England and Scotland, separating the licensing oversight for CCUS from traditional petroleum operations.
(4) In regulation 7(6)(a) (corporate major accident prevention policy), after 'operations' insert ', CCUS operations or offshore hydrogen operations, as appropriate'.
(5) In regulation 15 (design and relocation notifications for production installation) полости-
- (a) in paragraph (2), after 'completed' insert ', for a production installation which extracts petroleum from beneath the seabed by means of a well or is used for the conveyance of petroleum by means of a pipe,';
- (b) after paragraph (2) insert-
'(2A) The duties in paragraph (1) must be completed, for a production installation which is used for carbon capture, utilisation and storage or for offshore hydrogen production, at such time as will enable the operator to take account in-
- (a) the design, and
- (b) the safety case prepared pursuant to regulation 17,
of any matters raised by the competent authority within three months (or such shorter period as the competent authority may specify) of that time.';
Regulation 7(4) updates the corporate major accident prevention policy requirements to explicitly include CCUS and offshore hydrogen operations.
Furthermore, Regulation 7(5) specifically modifies the requirement deadlines for design and relocation notifications (Regulation 15).
For CCUS/hydrogen production installations, these duties must now be completed early enough to allow the operator to factor in feedback from the competent authority regarding design and the safety case within a three-month response window.
(c) in paragraph (4), after 'completed' insert ', for a production installation which extracts petroleum from beneath the seabed by means of a well or is used for the conveyance of petroleum by means of a pipe,';
- (d) after paragraph (4) insert-
'(4A) The duties in paragraph (3) must be completed, for a production installation which is used for carbon capture, utilization and storage or for offshore hydrogen production, at such time as will enable the operator to take account of any matters raised by the competent authority within three months (or such shorter period as the competent authority may specify) of that time.'.
(6) In regulation 16(4) (management and control of major accident hazards), after 'must include', insert ', in the case of offshore oil and gas operations,'.
(7) In regulation 27(3)(b) and (4) (keeping of documents), after 'operations', in both places it occurs, insert ', CCUS operations or offshore hydrogen operations'.
This segment continues the deadline adjustments from Regulation 15, applying similar time constraints for compliance around matters raised by the competent authority for CCUS and hydrogen production installations in a new paragraph (4A).
It also ensures that the management and control requirements for major accident hazards (Regulation 16) and rules on keeping documents (Regulation 27) are updated to specifically reference CCUS and offshore hydrogen operations.
(8) In regulation 31 (communication of national arrangements for confidential reporting of safety concerns etc.)-
- (a) in paragraph (1)(a), after 'operations' insert ', CCUS operations and offshore hydrogen operations';
- (b) in paragraph (2)(b), after 'operations' insert ', CCUS operations or offshore hydrogen operations'.
(9) In regulation 32 (2) (standards and guidance on best practice), after 'operations' insert ', CCUS operations or offshore hydrogen operations, as appropriate'.
(10) In regulation 34(1) (information on operations conducted outside of the European Union, Great Britain and external waters), after 'operations' insert ', CCUS operations or offshore hydrogen operations'.
These changes integrate CCUS and offshore hydrogen operations into various communication and guidance regulations within the 2015 rules.
This includes rules on communicating confidential safety reporting arrangements (Regulation 31), developing standards and guidance on best practice (Regulation 32), and sharing information about operations conducted outside specific geographical areas (Regulation 34).
(11) In paragraph 9 of Schedule 1 (particulars to be addressed in a corporate major accident prevention policy), after 'operations' insert ', CCUS operations or offshore hydrogen operations'.
(12) In paragraph 22 of Schedule 6 (particulars to be included in a safety case for the operation of a production installation), at the beginning, insert 'In the case of offshore oil and gas operations,'.
(13) In paragraph 18 of Schedule 7 (particulars to be included in a safety case for a non-production installation), at the beginning, insert 'In the case of offshore oil and gas operations,'.
(14) In paragraph 5 of Schedule 11 (matters to be considered in preparing and revising standards and guidance on best practice in relation to the control of major hazards), after 'operations' insert ', CCUS operations or offshore hydrogen operations, as appropriate'.
The final amendments to the 2015 Regulations involve specific schedules related to safety cases and corporate policies.
Paragraph 9 of Schedule 1 is updated to explicitly include CCUS and hydrogen operations in the corporate major accident prevention policy particulars.
Schedules 6 and 7 introduce phrasing specifying that certain safety case particulars apply only 'In the case of offshore oil and gas operations,' implying that different, or newly defined, particulars apply to CCUS/hydrogen relevant to the overall structure of the safety case regime. Finally, Schedule 11 ensures best practice guidance standards cover these new operations.
Review of these Regulations
- -(1) The Secretary of State must from time to time-
- (a) carry out a review of the regulatory provision contained in these Regulations; and
- (b) publish a report setting out the conclusions of the review.
(2) The first report must be published before 6th April 2031.
(3) Subsequent reports must be published at intervals not exceeding 5 years.
(4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015( 13 ) requires that a report published under this regulation must, in particular-
- (a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a);
- (b) assess the extent to which those objectives are achieved;
- (c) assess whether those objectives remain appropriate;
- (d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.
(5) In this regulation, 'regulatory provision' has the same meaning as in sections 28 and 32 of the Small Business, Enterprise and Employment Act 2015( 14 ).
Regulation 8 mandates a periodic review of the regulatory framework established by these amendments.
The Secretary of State must review the provisions and publish a report.
The initial review is due before the fifth anniversary of commencement (April 6th, 2031), with subsequent reviews occurring every five years.
The review must specifically assess the regulation's objectives against its achievements and determine if they are still appropriate or if less burdensome alternatives exist, pursuant to the Small Business, Enterprise and Employment Act 2015.
Signed by the Authority of the Secretary of State for Work and Pensions
10th March 2026
Stephen Timms Minister of State Department for Work and Pensions
This confirms the instrument was signed on March 10th, 2026, by Stephen Timms, Minister of State for the Department for Work and Pensions, acting under the authority of the Secretary of State.
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Regulations listed below so that the requirements also apply to offshore installations that are used for carbon capture, utilisation and storage ('CCUS') and for offshore hydrogen production.
The Regulations being amended are-
- (a) the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 ('MAR') (S.I. 1995/738), which contain requirements for the management and administration of offshore oil and gas installations, for purposes of health and safety,
- (b) the Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995 (S.I. 1995/743), which contain requirements for measures for the protection of persons on offshore oil and gas installations from fire and explosion, and for securing effective 'emergency response', which means action to safeguard the health and safety of persons on such installations in an emergency,
- (c) the Pipelines Safety Regulations 1996 (S.I. 1996/825), which contain requirements relating to pipelines, for purposes of health and safety,
- (d) the Offshore Installations and Wells (Design and Construction, etc.) Regulations 1996 (S.I. 1996/913), which contain requirements for ensuring that offshore oil and gas installations, and oil and gas wells are designed, constructed and kept in a sound structural state, and other requirements affecting them, for purposes of health and safety
- (e) the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (S.I. 2013/1471), which contain requirements that the responsible person must notify, and subsequently send a report to, the relevant enforcing authority by an approved means in relation to fatal and certain non-fatal work-related accidents, specified diseases contracted by persons at work and certain specified dangerous occurrences, and
- (f) the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015 (S.I. 2015/398), which contain requirements for the preparation of safety cases for offshore installations and the notification of specified activities to the competent authority.
Regulations 2 to 7 of these Regulations amend definitions in the Regulations listed above, including to add definitions of CCUS and offshore hydrogen production. Regulation 2(4) of these Regulations amends regulation 21F of MAR so that duty holders are required to transport inspectors to wind and marine energy installations. Regulation 8 requires a review of the regulatory provision contained in these Regulations.
A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from Health and Safety Executive, Redgrave Court, Merton Road, Bootle, Merseyside, L20 7HS and is annexed alongside the Explanatory Memorandum on www.legislation.gov.uk.
The Explanatory Note confirms that the core purpose of the Regulations is to extend the health and safety requirements of six key pieces of offshore legislation (MAR, Fire/Explosion Regulations, Pipelines Safety, Design/Construction Regulations, RIDDOR, and Safety Case Regulations) to cover offshore CCUS and hydrogen production installations.
It highlights that amendments cover definitions, inspector access (via MAR), and regulatory review requirements (Regulation 8), and directs readers to the associated full regulatory impact assessment.