The Criminal Jurisdiction (Application to Offshore Renewable Energy Installations etc.) Order 2009

Citation and commencement

1.—(1) This Order may be cited as the Criminal Jurisdiction (Application to Offshore Renewable Energy Installations etc.) Order 2009.

(2) Articles 1, 2, 3(1) and 4(1) of this Order shall come into force on 5th August 2009 and all other articles thereof shall come into force on 1st November 2009.

Interpretation

2.  In this Order—

“the Act” means the Energy Act 2004;

“co-ordinate” means a co-ordinate on the Ordnance Survey of Great Britain 1936 Datum;

“line”, in relation to any list of co-ordinates in this Order, means a loxodromic line;

“offshore area” means—

(a)

tidal waters and parts of the sea in or adjacent to Great Britain up to the seaward limits of the territorial sea,

(b)

waters in the Renewable Energy Zone as designated by the Renewable Energy Zone (Designation of Area) Order 2004(1);

“relevant act” means an act or omission taking place on, under or above—

(a)

a renewable energy installation situated in the offshore area, or

(b)

waters in the offshore area that are within a safety zone;

“the English area” means such of the offshore area adjacent to England and Wales which lies to the south of the Scottish border;

“the Scottish area” means such of the offshore area adjacent to Scotland which lies to the north of the Scottish border;

“the Scottish border” has the meaning in the Schedule to this Order.

Application of English and Scottish criminal law

3.—(1) A relevant act that—

(a) takes place in the English area; and

(b) would, if it took place in England and Wales, constitute an offence under the law in force in that part of the United Kingdom,

shall be treated for the purposes of that law as taking place in England and Wales.

(2) A relevant act that—

(a) takes place in the Scottish area; and

(b) would, if it took place in Scotland, constitute an offence under the law in force in that part of the United Kingdom,

shall be treated for the purposes of that law as taking place in Scotland.

Application of police powers

4.—(1) A constable who is a member of a force in England and Wales shall have on, under or above—

(a) a renewable energy installation situated in the English area; and

(b) any waters in the English area that are within a safety zone,

all the powers and privileges that he has in that force.

(2) A constable who is a member of a force in Scotland shall have on, under or above—

(a) a renewable energy installation situated in the Scottish area; and

(b) any waters in the Scottish area that are within a safety zone,

all the powers and privileges that he has in that force.

Judith Simpson

Clerk of the Privy Council