Part 8Enforcement

Chapter 1Enforcement officers

Other enforcement officers

I1240Marine licensing: oil and gas and other reserved matters

1

The Secretary of State may appoint persons for the purposes of enforcing Part 4 of this Act, so far as relating to—

a

any activity in the Scottish offshore region falling within section 113(3) (activities relating to certain reserved matters);

b

any activity in WalesF2, the Welsh inshore region or the Welsh offshore region concerning or arising from the exploration for, or production of, petroleum;

F1ba

any activity in the Welsh offshore region falling within the subject-matter of Part 6 of the Merchant Shipping Act 1995 (pollution etc);

c

anything done in the course of taking installation abandonment measures in any other part of the relevant enforcement area.

2

For the purposes referred to in subsection (1), a person appointed under this section has—

a

the common enforcement powers conferred by this Act;

b

the power conferred by section 263.

3

Subject to subsection (4), the powers which a person appointed under this section has for the purposes referred to in subsection (1) may be exercised—

a

in the relevant enforcement area (and in relation to any vessel, aircraft or marine structure in that area);

b

in relation to any vessel or marine structure outside the UK marine area which was loaded within the relevant enforcement area;

c

in relation to any British vessel, British aircraft or British marine structure outside the UK marine area;

d

in Scotland or Northern Ireland, or the Scottish or Northern Ireland inshore region, in relation to an offence which the person reasonably believes has been committed—

i

within the relevant enforcement area, or

ii

outside the UK marine area and in circumstances where a vessel, aircraft or marine structure referred to in paragraph (b) or (c) was involved in the commission of the offence.

4

The powers which a person appointed under this section has for the purposes referred to in subsection (1) may not be exercised in relation to any British warship.

5

Nothing in this section affects any right of hot pursuit which a person appointed under this section may have under international law.

6

In this section—

  • “installation abandonment measures” means any measures taken in connection with the abandonment of—

    1. a

      an offshore installation or submarine pipeline, within the meaning of Part 4 of the Petroleum Act 1998 (c. 17), or

    2. b

      a carbon storage installation, within the meaning of section 30 of the Energy Act 2008 (c. 32),

    whether or not the measures are taken in pursuance of an abandonment programme;

  • “abandonment programme” means—

    1. a

      an abandonment programme under Part 4 of the Petroleum Act 1998;

    2. b

      an abandonment programme under that Part, as it applies by virtue of section 30 of the Energy Act 2008;

  • “the relevant enforcement area” means the area that consists of—

    1. a

      England and Wales, and

    2. b

      the UK marine licensing area, excluding the Northern Ireland inshore region.

7

Any term used in this section and in Part 4 of this Act has the same meaning in this section as it has in that Part.