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Oil and Gas (Enterprise) Act 1982

Status:

This is the original version (as it was originally enacted).

27Prosecutions

(1)Subject to subsection (2) below, this section has effect as respects—

(a)any offence alleged to have been committed on, under or above an installation in waters to which section 22 above applies, or any waters within five hundred metres of such an installation ;

(b)any offence under the 1971 Act alleged to have been committed elsewhere than in the United Kingdom ;

(c)any offence committed on or as respects an aircraft which is not registered in the United Kingdom, being an offence created by virtue of paragraph 6(5) of Part III of Schedule 13 to the Civil Aviation Act 1982; and

(d)any offence under section 21 above alleged to have been committed elsewhere than in the United Kingdom.

(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 Merchant Shipping Acts 1894 to 1979, or any enactment to be construed as one with the Merchant Shipping Act 1894;

(b)the Prevention of Oil Pollution Act 1971, or any enactment to be construed as one with that Act;

(c)Part I of the Finance Act 1972, or any enactment to be construed as one with that Part;

(d)Part III of the 1975 Act;

(e)the Customs and Excise Acts 1979, or any enactment to be construed as one with those Acts or any of them; or

(f)except where it is created by virtue of paragraph 6(5) of Part III of Schedule 13 to the Civil Aviation Act 1982, that Act or any enactment to be construed as one with that Act.

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

(a)in the case of an offence under the 1971 Act or under section 21 above, 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 ;

but 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 the 1971 Act or under section 21 above, 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 for Northern Ireland;

but this subsection shall not apply to an offence if prosecution of that offence in Northern Ireland requires the consent of the Attorney General for Northern Ireland.

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

(6)Any reference in this section to an offence under the 1971 Act includes a reference to an offence under regulations made under that Act.

(7)Section 10 of the 1971 Act (which is superseded by this section) shall cease to have effect.

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