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- Point in Time (23/08/1993)
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Version Superseded: 01/11/1993
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There are currently no known outstanding effects for the Mineral Workings (Offshore Installations) Act 1971, Section 7.
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F1[(1)Before making regulations under this Act the Secretary of State shall consult with organisations in the United Kingdom appearing to him to be representative of those persons who will be affected by the regulations.
(2)Subject to subsection (3) below, regulations under this Act—
(a)may provide for the creation of offences and for their punishment on summary conviction or on conviction on indictment, and
(b)may afford, in respect of any description of offence created by the regulations, such defence, if any, as may be specified in the regulations.]
(3)The punishment for an offence created by regulations under this Act shall be—
(a)on summary conviction a fine not exceeding [F2level 5 on the standard scale],
(b)on conviction on indictment imprisonment for a term not exceeding two years, or a fine, or both,
but without prejudice to any further restriction on the punishments which can be awarded contained in the regulations, and without prejudice to the exclusion of proceedings on indictment by the regulations.
(4)The operation of any regulations made under this Act may be excluded in whole or in part [F3in relation to any class or description of installation by the regulations, or] in relation to any particular installation by directions of the Secretary of State given in such manner and to such persons as he thinks appropriate.
(5)Any exemption or exclusion [F4by regulations under this Act, or] by directions of the Secretary of State under this Act, may be made subject to the imposition of conditions specified by the [F4regulations or] directions.
(6)Where in pursuance of this section a person is exempted or excluded from the requirements of any provision of this Act, or of regulations under this Act, but subject to a condition, and the condition is not observed, the exemption or exclusion shall not have effect, and proceedings may be brought in respect of any breach of duty as if the exemption or exclusion had not had effect.
F1[(7)Regulations made under this Act may make different provision for different circumstances, and in particular—
(a)may make provision as respects installations which are registered vessels which is different from that made for other installations, and
(b)may make provision for installations in transit which is different from provision made for installations on station.
(8)Regulations made under this Act shall be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.]
Textual Amendments
F1S. 7(1)-(2) and (7)-(8) repealed (23.8.1993)(E.W.S.) by S.I. 1993/1823. reg. 3(1)(f)(with reg. 6(1))
F2S. 7(3) a reference to level 5 on the standard scale is substituted as regards any summary offence for the reference to £400 (E.W.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 40, 46, (S.), Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and (N.I.) S.I. 1984/703 (N.I. 3), arts. 5, 6
F3Words in s. 7(4) repealed (23.8.1993)(E.W.S.) by S.I. 1993/1823, reg. 3(1)(f)(with reg. 6(1))
F4Words in s. 7(5) repealed (23.8.1993)(E.W.S.) by S.I. 1993/1823, reg. 3(1)(f)(with reg. 6(1))
Modifications etc. (not altering text)
C1S. 7(4)(5) amended (23.8.1993)(E.W.S.) by S.I. 1993/1823, reg. 4(2)(with reg. 6(2))
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