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

Offences

16.—(1) Subject to paragraphs (2) and (4), a person is guilty of an offence if he—

(a) contravenes regulation 3(1);

(b) fails to comply with the terms of an enforcement notice or a prohibition notice;

(c) fails to supply any information required to be supplied by virtue of the terms or conditions of any permit granted under these Regulations;

(d) fails to supply any information required to be supplied by virtue of regulation 3(4);

(e) wilfully obstructs an inspector appointed under regulation 12;

(f) without reasonable excuse, fails to comply with a requirement imposed in pursuance of regulation 12(3), or prevents another person from complying with such a requirement;

(g) knowingly or recklessly makes a statement which he knows to be false or misleading in a material particular where such a statement—

(i) is made in connection with, or for the purposes of, any application for a permit, the renewal of a permit, the variation of a permit or the assignment of a permit; or

(ii) is made for the purposes of satisfying any requirement under these Regulations for the supply of information to the Secretary of State or an inspector appointed by her pursuant to regulation 12.

(2) Where a person is charged with an offence under paragraph (1)(a), (1)(b),(1)(c) or 1(d), it is a defence to prove that the contravention or failure—

(a) arose as a result of something which could not reasonably have been prevented by him; or

(b) subject to paragraph (3), was due to something done as a matter of urgency for the purpose of securing the safety of any person.

(3) A person does not have the defence provided by paragraph (2)(b) if the court is satisfied—

(a) that the thing done—

(i) was not necessary for the purpose mentioned in that paragraph; and

(ii) was not a reasonable step to take in the circumstances; or

(b) that it was necessary for the purpose mentioned in that paragraph but the necessity was due to the fault of the defendant.

(4) The discharge of oil into relevant waters in contravention of any one or more of the terms of or conditions attached to a permit shall not constitute an offence for the purpose of this regulation where the term or condition in question relates exclusively to one or more of the trading schemes.

(5) A person guilty of an offence under this regulation shall, on summary conviction, be liable to a fine not exceeding the statutory maximum and, on conviction on indictment, to a fine.

(6) Where an offence under this regulation by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of an offence and shall be liable to be proceeded against and punished accordingly.

(7) Where the affairs of a body corporate are managed by its members, paragraph (6) shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(8) Where the commission by any person of an offence under this regulation is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings for the offence are taken against the first-mentioned person.

(9) Proceedings for an offence under this regulation may be taken, and the offence may for all incidental purposes be treated as having been committed, in any part of the United Kingdom.

(10) Section 3 of the Territorial Waters Jurisdiction Act 1878 (restriction on prosecutions)(1) shall not apply to any proceedings for an offence under this regulation.

(1)

1878 41 & 42 Vict. c.73.