Part 2

Sustainability and Renewable Energy Sources
Chapter 2

Offshore production of energy

Safety zones for installations

Offences relating to safety zones
97
1
Where a vessel enters or remains in a safety zone in contravention of section 96(1), the vessel’s owner and her master are each guilty of an offence.
2
Where—
a
a vessel enters or remains in a safety zone with a permission granted for the purposes of section 96, and
b
there is a contravention of a condition of that permission in relation to the vessel or individuals on the vessel,
the vessel’s owner and her master are each guilty of an offence.
3
A person who carries on an activity wholly or partly in a safety zone in contravention of section 96(2) is guilty of an offence.
4
Where—
a
a person carries on an activity wholly or partly in a safety zone with a permission granted for the purposes of section 96, and
b
there is a contravention of a condition of that permission in relation to the carrying on of that activity,
that person is guilty of an offence.
5
A person guilty of an offence under this section shall be liable—
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
6
In proceedings against a person as the owner of a vessel for an offence under subsection (1) or (2), it is a defence for him to show that the existence of the safety zone—
a
was not known to the master of the vessel in question at the time of the offence; and
b
would not have become known to the master had he made reasonable inquiries before that time.
7
In any other proceedings against a person for an offence under this section, it is a defence for that person to show that the existence of the safety zone—
a
was not known to him at the time of the offence; and
b
would not have become known to him had he made reasonable inquiries before that time.
8
It is also a defence in proceedings against a person for an offence under this section for that person to show that he took all reasonable steps to prevent the contravention in question.
S. 97 in force at 1.10.2005 by S.I. 2005/877, art. 2(2), Sch. 2
Ss. 95-98 applied (E.W.) (22.12.2021) by The Morlais Demonstration Zone Order 2021 (S.I. 2021/1478), arts. 1, 43(3)(4) (with arts. 15, 50, Sch. 11 para. 29)