The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005

4.  In regulation 13 (appointment of inspectors)—

(1) in sub-paragraph (b) of paragraph (1) (which deals with inspectors' functions)—

(a) for “as to”, substitute “to monitor”; and

(b) insert “emissions from” after “operation of,”;

(2) in paragraph (2) (which deals with inspectors' powers) omit “may” where first occurring in each of sub-paragraphs (h) to (k) of that paragraph;

(3) for paragraph (3) (which deals with the admissibility in evidence of answers to inspectors), substitute—

“(3) An answer given by a person in compliance with a requirement imposed under paragraph 2(i) shall be admissible in evidence in England and Wales or Northern Ireland against that person in any proceedings or, in Scotland, against that person in criminal proceedings.

(3A) In criminal proceedings in which such person as is mentioned in paragraph (3) is charged with an offence to which this paragraph applies no evidence relating to that person’s answer may be adduced and no question relating to it may be asked by or on behalf of the prosecution unless evidence relating to it is adduced by or on behalf of that person.

(3B) Paragraph (3A) applies to any offence other than one under—

(a) regulation 18(1)(f)(ii);

(b) section 5 of the Perjury Act 1911(1) (false statements made otherwise than on oath);

(c) section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995(2) (false statements made otherwise than on oath); or

(d) article 10 of the Perjury (Northern Ireland) Order 1979(3) (false statutory declarations and other false unsworn statements).”.

(1)

1911 c. 6.

(2)

1995 c. 39.

(3)

1979 No. 1714 (NI19).