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Energy Act 2008

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This is the original version (as it was originally enacted).

28Criminal proceedings
This section has no associated Explanatory Notes

(1)Proceedings for a relevant offence may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.

(2)Section 3 of the Territorial Waters Jurisdiction Act 1878 (c. 73) (restriction on prosecutions) does not apply to any proceedings for a relevant offence.

(3)Proceedings for a relevant offence alleged to have been committed in a controlled place may not be instituted in England and Wales except—

(a)by the Secretary of State or a person authorised by the Secretary of State, or

(b)by or with the consent of the Director of Public Prosecutions.

(4)Proceedings for a relevant offence alleged to have been committed in a controlled place may not be instituted in Northern Ireland except—

(a)by the Secretary of State or a person authorised by the Secretary of State, or

(b)by or with the consent of the Director of Public Prosecutions for Northern Ireland.

(5)In the application of subsection (3) or (4) to an offence created by regulations under section 27—

(a)the words “alleged to have been committed in a controlled place” are to be omitted, and

(b)the references to a person authorised by the Secretary of State are to be read as references to an inspector appointed under that section.

(6)In this section “relevant offence” means an offence under this Chapter or created by regulations under section 27.

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