The Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020

Offences

25.—(1) Subject to paragraph (4), a person is guilty of an offence where the person—

(a) intentionally or recklessly provides to the Secretary of State relevant information which is false or misleading in a material way;

(b) fails to provide information required under regulation 23(2)(a) or (c); or

(c) wilfully obstructs an inspector appointed under regulation 23(1).

(2) “Relevant information” is information—

(a) contained in an environmental statement;

(b) provided under regulations 6(1), 6(2), 7(1), 9(2), 10(2), 12(1), 18(3)(c), 23(2)(a) or 23(2)(c); or

(c) any other information that the developer is required to provide by virtue of any provision of these Regulations.

(3) Subject to paragraphs (4) and (5) a developer is guilty of an offence where it carries out a project—

(a) without the Secretary of State’s agreement to the grant of consent; or

(b) in breach of a condition attached to the Secretary of State’s agreement to the grant of consent.

(4) Paragraphs (1) and (3) do not apply to anything which is an offence by virtue of section 21 of the Petroleum Act 1998(1).

(5) It is a defence to a charge under paragraph (3)(b) for the developer to show that—

(a) it took all reasonable steps to avoid the commission of the offence; or

(b) the acts in question were required to be done as a matter of urgency for the purposes of securing the safety of a person.

(6) An offence under this regulation is punishable—

(a) on summary conviction in England and Wales, by a fine;

(b) on summary conviction in Scotland and Northern Ireland, by a fine not exceeding the statutory maximum;

(c) on conviction on indictment, by a fine.

(7) Where an offence under these Regulations is committed by a body corporate, an officer as well as the body corporate is guilty of the offence and liable if the offence is—

(a) committed with the consent or connivance of an officer; or

(b) attributable to any neglect on the part of the officer.

(8) Where the affairs of a body corporate are managed by its members, paragraph (7) applies in relation to the acts or defaults of a member in connection with the member’s functions of management as it applies to an officer of the body corporate.

(9) No proceedings shall be instituted in England and Wales or Northern Ireland except—

(a) in the case of proceedings in England and Wales, by or with the consent of the Director of Public Prosecutions;

(b) in the case of proceedings in Northern Ireland, by or with the consent of the Director of Public Prosecutions for Northern Ireland;

(c) in any case, by or with the consent of the Secretary of State.

(10) Section 3 of the Territorial Waters Jurisdiction Act 1878 (restriction on prosecutions)(2) does not apply to any proceedings for an offence under this regulation.

(11) Proceedings for an offence under this regulation may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.

(12) In this regulation, “officer” means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate, or any person purporting to act in such capacity.

(1)

1998 c. 17. Section 21 of the Act was amended by paragraph 7 of Schedule 4 to S.I. 2000/1937 and paragraph 25 of Schedule 1 to the Energy Act 2016 (c. 20).

(2)

1878 c. 73.