The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005

Inspectors

12.—(1) The Secretary of State may, if she thinks fit, appoint one or more inspectors—

(a) to investigate whether the requirements, restrictions or prohibitions imposed by or under these Regulations have been, or are being complied with; or

(b) to monitor any discharge of oil.

(2) The inspectors shall report to the Secretary of State in such manner as she may direct.

(3) An inspector appointed under paragraph (1) may for any of the purposes mentioned in that paragraph and on producing evidence of his appointment—

(a) at any reasonable time (or, in a situation which in his opinion may give rise to a risk of significant pollution as a result of the discharge of oil, at any time) board any offshore installation;

(b) on boarding an offshore installation, take with him any other person authorised by the Secretary of State for the purposes mentioned in paragraph (1) and any equipment or materials that he thinks he may require;

(c) make such examination or investigation as he considers necessary (including any examination or investigation of the offshore installation or of the maintenance or monitoring of apparatus on the offshore installation);

(d) give a direction requiring that any part of the offshore installation be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purposes of any examination or investigation under sub-paragraph (c);

(e) take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under sub-paragraph (c);

(f) take samples of any articles or substances found on the offshore installation or take samples of the atmosphere, land, seabed (including the subsoil thereof) or water in the vicinity of the offshore installation;

(g) in the case of any article or substance which he finds on the offshore installation, cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless, in the circumstances of the case, that is necessary);

(h) in the case of any such article or substance as is mentioned in sub-paragraph (g), take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely—

(i) to examine it and do to it anything which he has power to do under that sub-paragraph;

(ii) to ensure that it is not tampered with before his examination of it is completed; and

(iii) to ensure that it is available for use as evidence in any proceedings relating to an offence under these Regulations;

(i) require any person whom he has reasonable cause to believe is able to give any information relevant to any examination or investigation under sub-paragraph (c)—

(i) to attend at a place and time specified by the inspector;

(ii) to answer (in the absence of any person other than persons whom the inspector may allow to be present and a person nominated to be present by the person upon whom the requirement is imposed) such questions as the inspector thinks fit to ask; and

(iii) to sign a declaration as to the truth of his answers;

(j) require the production of, and inspect and take copies of—

(i) any records which by virtue of any provision of any permit granted under these Regulations are required to be kept; and

(ii) any records which he considers it necessary for him to see for the purposes of any examination or investigation under sub-paragraph (c); and

(k) require any person to afford him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as the inspector considers are necessary to enable him to exercise any of the powers conferred on him by this regulation.

(4) An answer given by a person in compliance with a requirement imposed under paragraph 3(i) shall be admissible in evidence in England and Wales or Northern Ireland against that person in any proceedings or, in Scotland, against that person in criminal proceedings.

(5) In criminal proceedings in which such person as is mentioned in paragraph (4) is charged with an offence to which this paragraph applies no evidence relating to that person’s answer may be adduced and no questions relating to it may be asked by or on behalf of the prosecution unless evidence relating to it is adduced by or on behalf of that person.

(6) Paragraph (5) applies to any offence other than one under—

(a) regulation 16(1)(g)(ii);

(b) section 5 of the Perjury Act 1911(1) (false statements made otherwise than on oath);

(c) section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995(2) (false statements made otherwise than on oath); or

(d) article 10 of the Perjury (Northern Ireland) Order 1979(3) false statutory declarations and other (false unsworn statements).

(7) Nothing in this regulation shall be taken to compel the production by any person of a document of which he would, on grounds of legal professional privilege, be entitled to withhold production on a order for disclosure or discovery in an action in the High Court or in the High Court in Northern Ireland or, in relation to Scotland, on an order for the production of documents in an action in the Court of Session.

(1)

1911 c. 6.

(2)

1995 c. 39.

(3)

1979 No. 1714 (NI 19).