PART 2Further functions of the OGA relating to offshore petroleum
CHAPTER 5Sanctions
The OGA's procedures
I159Procedure for enforcement decisions
1
The OGA must determine the procedure that it proposes to follow in relation to enforcement decisions.
2
That procedure must be designed to secure, among other things, that an enforcement decision is taken—
a
by a person falling within subsection (3), or
b
by two or more persons, each of whom falls within subsection (3).
3
A person falls within this subsection if the person was not directly involved in establishing the evidence on which the enforcement decision is based.
4
The OGA must issue a statement of its proposals.
5
The statement must be published in a way appearing to the OGA to be best calculated to bring the statement to the attention of the public.
6
When the OGA takes an enforcement decision, the OGA must follow its stated procedure.
7
If the OGA changes its procedure in a material way, it must publish a revised statement.
8
A failure of the OGA in a particular case to follow its procedure as set out in the latest published statement does not affect the validity of an enforcement decision taken in that case.
9
But subsection (8) does not prevent the Tribunal from taking into account any such failure in considering an appeal under section 51 or 52 in relation to a sanction notice.
10
In this section “enforcement decision” means either of the following—
a
a decision to give a sanction notice in respect of a failure to comply with a petroleum-related requirement;
b
a decision as to the details of the sanction to be imposed by the notice.