Health and Safety Act Application Outside Great Britain Variation Order 2026
Summary
The UK government has issued the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2026. This order amends the 2013 Order to include structures used for hydrogen production within the definition of offshore installations subject to health and safety regulations.
What changed
The Health and Safety Executive has issued the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2026, effective April 6, 2026. This order amends the existing 2013 Order by expanding the definition of 'offshore installations' under Article 4 to explicitly include structures involved in the production of hydrogen. This variation ensures that health and safety provisions of the 1974 Act are applied to hydrogen production activities occurring in the territorial sea adjacent to Great Britain and designated areas under the Continental Shelf Act 1964.
Entities involved in offshore hydrogen production or operating such installations must ensure compliance with the Health and Safety at Work etc. Act 1974. This includes adhering to all relevant regulations and standards applicable to offshore installations. While no specific compliance deadline is mentioned beyond the effective date, companies should review their current safety protocols and operational procedures to incorporate any new requirements related to hydrogen production facilities. Failure to comply with health and safety legislation can result in enforcement actions and penalties.
What to do next
- Review the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2026.
- Update safety protocols for offshore installations to include hydrogen production processes.
- Ensure compliance with all applicable health and safety regulations for hydrogen production facilities.
Source document (simplified)
Status:
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Statutory Instruments
2026 No. 184
Health And Safety
The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2026
Made
10th March 2026
Laid before Parliament
11th March 2026
Coming into force
6th April 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.
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.
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; ”.
Richard Tilbrook
Clerk of the Privy Council
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.
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.
(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.
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