The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2026
This Statutory Instrument, enacted by Order in Council, amends the 2013 Order which applies sections of the Health and Safety at Work etc.
Act 1974 outside of Great Britain.
Specifically, the Order updates the definition of 'offshore installation' within Article 4 of the 2013 Order to explicitly include structures used for the production of hydrogen, thereby extending UK health and safety legislation to these specific offshore activities starting from April 6, 2026.
Arguments For
Extends necessary health and safety protections to emerging energy technologies, specifically offshore hydrogen production, ensuring worker safety in new industrial environments.
Provides a clear regulatory framework by incorporating hydrogen production facilities under existing robust safety legislation (the 1974 Act), preventing regulatory gaps in novel offshore operations.
Maintains consistency in safety application across different types of offshore installations, treating hydrogen production similarly to oil and gas extraction in terms of HSW Act oversight.
Arguments Against
May impose immediate compliance costs and administrative burdens on operators establishing new hydrogen production infrastructure offshore without detailed transitional provisions.
Could potentially deter rapid investment in nascent hydrogen technology sectors by applying established, potentially stringent, regulations designed primarily for traditional offshore oil and gas operations to new processes.
The blanket extension might not adequately account for the unique process safety challenges or different risk profiles associated with industrial-scale hydrogen generation compared to hydrocarbon extraction.
STATUTORY INSTRUMENTS
2026 No. 184
HEALTH AND SAFETY
The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2026
This heading identifies the instrument as secondary legislation, numbered 184 of the year 2026, issued under the authority of the UK government concerning Health and Safety matters.
| Made - - - | 10th March 2026 | |------------------------|-------------------| | Laid before Parliament | 11th March 2026 | | Coming into force - | 6th April 2026 |
This table details the procedural milestones for the Order.
It was officially made on March 10, 2026, presented to Parliament on March 11, 2026, and legally took effect on April 6, 2026.
At the Court at Buckingham Palace, the 10th day of March 2026
Present,
The King's Most Excellent Majesty in Council
His Majesty, in exercise of the powers conferred by section 84(3) and (4) of the Health and Safety at Work etc. Act 1974( 1 ), is pleased by and with the advice of His Privy Council, to order, and it is hereby ordered as follows.
This preamble confirms that the Order was formally made by the King, acting under the advice of the Privy Council, on March 10, 2026.
The legal power to make this change derives from specific subsections of the Health and Safety at Work etc.
Act 1974.
Citation, commencement and extent
- -(1) This Order may be cited as the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2026 and comes into force on 6th April 2026.
(2) This Order extends to England and Wales and Scotland.
Article 1 establishes the short title of this legislation and confirms its commencement date of April 6, 2026.
It also specifies that the provisions of this amendment apply geographically to the jurisdictions of England, Wales, and Scotland.
Variation of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2013
- -(1) The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2013( 2 ) is varied as follows.
(2) In article 4(2) (offshore installations) after sub-paragraph (a) insert-
'(aa) for the production of hydrogen including any processes involved in its production;'.
Article 2 directly amends the existing 2013 Order concerning safety application outside Great Britain.
Specifically, in the provisions relating to offshore installations (Article 4(2)), a new sub-paragraph is inserted, meaning that any installation used for producing hydrogen, including all related processes, now falls under the definition of an offshore installation subject to these safety requirements.
( 1 ) 1974 c. 37. The general purposes of Part 1 of the Health and Safety at Work etc. Act 1974 were extended by section 1(1) of the Offshore Safety Act 1992 (c. 15).
( 2 ) S.I. 2013/240.
These footnotes cite the primary legislation used to make the Order (the 1974 Act) and note that its scope was previously expanded by the Offshore Safety Act 1992.
The second footnote identifies the specific 2013 Statutory Instrument being amended.
| Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. | |--------------------------------------------------------------------------------------------------------------------------------------------------|
This note indicates that the version of the legislation being viewed is the initial text as it was first enacted and might not reflect any subsequent amendments.
Richard Tilbrook Clerk of the Privy Council
This confirms the signature of the Clerk of the Privy Council, thereby authenticating the legal instrument.
EXPLANATORY NOTE
(This note is not part of the Order)
This Order varies the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2013 (S.I. 2013/240) ('the 2013 Order'), which applies sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 (c. 37) ('the prescribed provisions') to certain premises and activities in the territorial sea adjacent to Great Britain and to areas designated under the Continental Shelf Act 1964 (c. 29).
Article 4 of the 2013 Order applies the prescribed provisions to offshore installations. Article 2 of this Order varies the definition of offshore installation in Article 4 of the 2013 Order to include structures used for the production of hydrogen.
The Explanatory Note clarifies that the Order amends the 2013 Order, which extends key safety provisions (sections 1-59 and 80-82) of the 1974 Act to activities in the territorial sea and designated continental shelf areas.
The core purpose is explicitly stated: Article 2 amends the definition of an 'offshore installation' to cover structures involved in hydrogen production.
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 note informs the public that a full Regulatory Impact Assessment (RIA) detailing the financial effects of this change on businesses and the voluntary sector is available.
It provides contact details for the Health and Safety Executive and directs readers to legislation.gov.uk for the documentation.
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