4 Increased penalties under Part I.E+W+S

(1)In subsection (6) of section 15 of the 1974 Act (health and safety regulations), after paragraph (d) there shall be inserted the following paragraph—

(e)in the case of regulations made for any purpose mentioned in section 1(1) of the Offshore Safety Act 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.

(2)After subsection (1) of section 33 of that Act (offences under Part I) there shall be inserted the following subsection—

(1A)Subject to any provision made by virtue of section 15(6)(d), a person guilty of an offence under subsection (1)(a) above consisting of failing to discharge a duty to which he is subject by virtue of sections 2 to 6 shall be liable—

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

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

(3)After subsection (2) of that section there shall be inserted the following subsection—

(2A)A person guilty of an offence under subsection (1)(g) or (o) above shall be liable—

(a)on summary conviction, to imprisonment 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.

(4)In subsection (3) of that section—

(a)after the words “section 15(6)(d)” there shall be inserted the words “ or (e) ”; and

(b)for the words “an offence under any paragraph of subsection (1) above not mentioned in the preceding subsection, or of an offence under subsection (1)(e) above not falling within the preceding subsection” there shall be substituted the words “ an offence under subsection (1) above not falling within subsection (1A), (2) or (2A) above ”.

(5)Subsections (4)(d) and (5) of that section shall cease to have effect.

(6)This section does not affect the punishment for any offence committed before the commencement of this section.