10Prosecutions
1
Subject to the provisions of this section, this section has effect as respects—
a
any offence alleged to have been committed on, under or above an offshore installation in territorial waters or in a designated area, or on, under or above any waters within five hundred metres of such an installation; or
b
any offence under this Act alleged to have been committed in territorial waters or in a designated area ; or
c
any offence under section 5 of the [1964 c. 29.] Continental Shelf Act 1964 (discharge of oil); or
d
any offence committed on or as respects an aircraft which is not a British aircraft registered in the United Kingdom, being an offence created by virtue of section 8(4) of this Act.
2
An offence shall not be one within subsection (1) above if it is an offence under, or under any provision having effect under—
a
the [1894 c. 60.] Merchant Shipping Acts 1894 to 1971, or any enactment to be construed as one with the Merchant Shipping Act 1894, or
b
the [1952 c. 44.] Customs and Excise Act 1952, or any enactment to be construed as one with that Act, or
c
the [1955 c. 25.] Oil in Navigable Waters Acts 1955 to 1971, or any enactment to be construed as one with the Oil in Navigable Waters Act 1955, or
d
except where it is created by virtue of section 8(4) of this Act, the [1949 c. 67.] Civil Aviation Acts 1949 to 1968, or any enactment to be construed as one with the Civil Aviation Act 1949.
3
No proceedings shall be instituted in England and Wales for any offence within subsection (1) above except—
a
in the case of an offence under this Act, by the Secretary of State or by a person authorised in that behalf by the Secretary of State, or
b
in the case of any offence, by or with the consent of the Director of Public Prosecutions:
Provided that this subsection shall not apply to an offence if prosecution of that offence in England and Wales requires the consent of the Attorney General.
4
No proceedings shall be instituted in Northern Ireland for any offence within subsection (1) above except—
a
in the case of an offence under this Act, by the Secretary of State or by a person authorised in that behalf by the Secretary of State, or
b
in the case of any offence, by or with the consent of the Attorney General for Northern Ireland.
5
Subsections (3) and (4) above shall not prevent the issue or execution of a warrant for the arrest of any person in respect of an offence, or the remanding in custody or on bail of any person charged with an offence.
6
Section 3 of the [1878 c. 73.] Territorial Waters Jurisdiction Act 1878 (consents required for prosecutions) shall not apply to any proceedings for an offence within subsection (1) above.