The following Energy practice note Produced in partnership with Isla Stewart of Matheson provides comprehensive and up to date legal information covering:
The UK’s policy on decommissioning, and its execution, is overseen by the Department of Business, Energy and Industrial Strategy (BEIS). While the UK has policy documentation, much of this policy stems from the UK’s obligations under international law.
The Geneva Convention on the Continental Shelf 1958 (Geneva Convention) was the original convention that governed the law of the sea (and remains the only convention that refers to ‘removal’ of installations). The Convention was ratified by UK in 1964 by the Continental Shelf Act 1964 (CSA 1964) which vested in the Crown all rights exercisable in designated areas outside territorial waters in relation to the sea bed and subsoil in those areas.
Today, there are two fundamental international conventions that apply to the decommissioning of installations in the UK:
The United Nations Convention on the Law of the Sea of 1982 (UNCLOS)—widely accepted as customary international law and considered to have replaced the Geneva Convention (as many countries failed to implement the entire removal rule); and
The Convention for the Protection of the Marine Environment of the North-East Atlantic 1992 (OSPAR)—provides a more localised approach to decommissioning in the north west of Europe
The UK acceded to UNCLOS in 1997 and Article 60(3) provides discretion to signatories for removal of installations/structures and states:
‘…Any installations or
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied
This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as to identity and mistake as to the document signed (non est factum). It also considers the impact of each of these types of mistake on the contract and
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.