The Offshore, and Pipelines, Safety (Northern Ireland) Order 1992

Increased penalties under Part II of 1978 Order

6.—(1) The 1978 Order shall have effect subject to the following provisions of this Article.

(2) In Article 17(6) (health and safety regulations) after sub-paragraph (d) there shall be added the following sub-paragraph—

“(e) in the case of regulations made for any purpose mentioned in Article 3(1) of the Offshore, and Pipelines, Safety (Northern Ireland) Order 1992, may provide that any offence consisting of a contravention of the regulations, or of any requirement or prohibition imposed by or under them, shall be punishable on conviction on indictment by imprisonment for a term not exceeding two years, or a fine, or both.”.

(3) In Article 31 (offences under Part II) after paragraph (1) there shall be inserted the following paragraph—

“(1A) Subject to any provision made by virtue of Article 17(6)(d), a person guilty of an offence under paragraph (1)(a) consisting of failure to discharge a duty to which he is subject by virtue of Articles 4 to 7 shall be liable—

(a) on summary conviction, to a fine not exceeding £20,000;

(b) on conviction on indictment, to a fine.”.

(4) In Article 31 after paragraph (2) there shall be inserted the following paragraph—

“(2A) A person guilty of an offence under sub-paragraph (g) or (o) of paragraph (1) shall be liable—

(a) on summary conviction, to imprisionment for a term not exceeding six months, or a fine not exceeding £20,000, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.”.

(5) In Article 31(4) for the words from the beginning to “paragraph (2));” there shall be substituted the words “Subject to any provision made under Article 17(6)(d) or (e), a person guilty of an offence under paragraph (1) not falling within paragraph (1A), (2) or (2A)”.

(6) Article 31(5)(d) and (6) shall cease to have effect.

(7) This Article does not affect the punishment for any offence committed before it comes into operation.