Mineral Workings (Offshore Installations) Act 1971

10 Prosecutions

(1) Subject to the provisions of this section, this section has effect as respects—

(a) any offence alleged to have been committed on, under or above an offshore installation in territorial waters or in a designated area, or on, under or above any waters within five hundred metres of such an installation; or

(b) any offence under this Act alleged to have been committed in territorial waters or in a designated area ; or

(c) any offence under section 5 of the [1964 c. 29.] Continental Shelf Act 1964 (discharge of oil); or

(d) any offence committed on or as respects an aircraft which is not a British aircraft registered in the United Kingdom, being an offence created by virtue of section 8(4) of this Act.

(2) An offence shall not be one within subsection (1) above if it is an offence under, or under any provision having effect under—

(a) the [1894 c. 60.] Merchant Shipping Acts 1894 to 1971, or any enactment to be construed as one with the Merchant Shipping Act 1894, or

(b) the [1952 c. 44.] Customs and Excise Act 1952, or any enactment to be construed as one with that Act, or

(c) the [1955 c. 25.] Oil in Navigable Waters Acts 1955 to 1971, or any enactment to be construed as one with the Oil in Navigable Waters Act 1955, or

(d) except where it is created by virtue of section 8(4) of this Act, the [1949 c. 67.] Civil Aviation Acts 1949 to 1968, or any enactment to be construed as one with the Civil Aviation Act 1949.

(3) No proceedings shall be instituted in England and Wales for any offence within subsection (1) above except—

(a) in the case of an offence under this Act, by the Secretary of State or by a person authorised in that behalf by the Secretary of State, or

(b) in the case of any offence, by or with the consent of the Director of Public Prosecutions:

Provided that this subsection shall not apply to an offence if prosecution of that offence in England and Wales requires the consent of the Attorney General.

(4) No proceedings shall be instituted in Northern Ireland for any offence within subsection (1) above except—

(a) in the case of an offence under this Act, by the Secretary of State or by a person authorised in that behalf by the Secretary of State, or

(b) in the case of any offence, by or with the consent of the Attorney General for Northern Ireland.

(5) Subsections (3) and (4) above shall not prevent the issue or execution of a warrant for the arrest of any person in respect of an offence, or the remanding in custody or on bail of any person charged with an offence.

(6) Section 3 of the [1878 c. 73.] Territorial Waters Jurisdiction Act 1878 (consents required for prosecutions) shall not apply to any proceedings for an offence within subsection (1) above.