The Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013

Offences

34.—(1) It is an offence for a person to operate an offshore combustion installation—

(a) without a permit; or

(b) in breach of the conditions in a permit.

(2) It is an offence for a person—

(a) to fail to comply with an information notice, an enforcement notice or a prohibition notice;

(b) to make a statement—

(i) which that person knows to be false or misleading in a material particular; or

(ii) recklessly and which is false or misleading in a material particular,

where the statement is made in purported compliance with a requirement to furnish any information imposed by or under these Regulations;

(c) intentionally to obstruct an inspector in the exercise or performance of the powers or duties of an inspector;

(d) to fail to comply with any requirement imposed pursuant to regulation 25;

or

(e) to prevent any other person from appearing before an inspector, or answering any question to which an inspector may require an answer.

(3) It is a defence for a person (“A”) charged with an offence under paragraph (2) to prove that the contravention arose—

(a) because of a matter which A could not have reasonably prevented; or

(b) by reason of something done as a matter of urgency and which was carried out for securing the safety of a person.

(4) Where the commission by a person (“B”) of an offence under paragraph (1) or (2) is due to the act or default of another person (“C”), C may be charged with and convicted of the offence, whether or not proceedings for the offence are taken against B.

(5) Proceedings for an offence under paragraph (1) or (2) may be taken, and the offence may be treated as having been committed, in any part of the United Kingdom.

(6) Section 3 (restriction on institution of proceedings for punishment of offence) of the Territorial Waters Jurisdiction Act 1878(1) does not apply to any proceedings for an offence under paragraph (1) or (2).

(1)

1878 c. 73.