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Petroleum Act 1998

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12 Prosecutions.U.K.

(1)Subject to subsection (2), this subsection applies to—

(a)any offence alleged to have been committed on, under or above an installation in waters to which section 10 applies or any waters within 500 metres of such an installation; and

(b)any offence committed on or as respects an aircraft which is not registered in the United Kingdom which is an offence created by virtue of paragraph 6(5) of Part III of Schedule 13 to the M1Civil Aviation Act 1982.

(2)Subsection (1) does not apply to any offence to which subsection (5) applies nor to any offence under, or under any provision which has effect under—

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

(b)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;

(c)the M2Pilotage Act 1987;

(d)the M3Value Added Tax Act 1994 or any enactment to be construed as one with that Act;

(e)the M4Merchant Shipping Act 1995; or

(f)Part III or IV of this Act.

(3)No proceedings for an offence to which subsection (1) applies shall be instituted—

(a)in England and Wales, except by or with the consent of the Director of Public Prosecutions unless prosecution of the offence there requires the consent of the Attorney General;

(b)in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland unless prosecution of the offence there requires the consent of the Attorney General for Northern Ireland.

(4)Section 3 of the M5Territorial Waters Jurisdiction Act 1878 (restriction on prosecutions) shall not apply to any proceedings for an offence to which subsection (1) or (5) applies.

(5)This subsection applies to—

(a)any offence under section 23 of the M6Petroleum Act 1987 (safety zones); and

(b)any offence under any provision made under the M7Mineral Workings (Offshore Installations) Act 1971 which has effect by virtue of—

(i)paragraph (1) of regulation 6 (savings) of the M8Offshore Safety (Repeals and Modifications) Regulations 1993; or

(ii)paragraph (1) of regulation 6 (savings) of the M9Offshore Safety (Repeals and Modifications) Regulations (Northern Ireland) 1993.

Marginal Citations

M9S.R. (N.I.) 1993 No. 384.

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