Energy Act 2008 (c. 32)

[F1 Part 4A U.K. Works detrimental to navigation

Textual Amendments

F1 Pt. 4A inserted (12.11.2009 for specified purposes, 6.4.2011 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 314(1), 324(1)(c), 324(1)(d); S.I. 2011/556, art. 3(2)(c)

Enforcement U.K.

82I Carrying out operation without consent etc U.K.

(1) It is an offence for a person—

(a) to carry out an operation to which subsection (1) of section 82A applies without the written consent of the Secretary of State under that subsection, or

(b) to fail to comply with a condition of such a consent.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to [F2 a fine not exceeding £50,000][F2 a fine], or

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.

Textual Amendments

F2 Words in s. 82I(2)(a) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 42(5) (with reg. 5(1))

82J Offences relating to consents U.K.

(1) It is an offence for a person to make a statement which the person knows to be false, or recklessly to make a statement which is false, in order to obtain the consent of the Secretary of State under section 82A(1).

(2) It is an offence for a person to fail to disclose information which the person knows, or ought to know, to be relevant to an application for the consent of the Secretary of State under section 82A(1).

(3) A person guilty of an offence under this section is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum, or

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

82K Failure to comply with direction under section 82E U.K.

(1) It is an offence for a person to fail to comply with a direction under section 82E, unless the person proves that due diligence was exercised in order to avoid the failure.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to [F3 a fine not exceeding £50,000][F3 a fine], or

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.

Textual Amendments

F3 Words in s. 82K(2)(a) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 42(6) (with reg. 5(1))

82L Failure to comply with notice under section 82F or 82H U.K.

(1) It is an offence for a person to fail to comply with—

(a) an emergency safety notice, or

(b) an immediate action notice,

within the time allowed (within the meaning of section 82G(1)).

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to [F4 a fine not exceeding £50,000][F4 a fine], or

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.

Textual Amendments

F4 Words in s. 82L(2)(a) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 42(7) (with reg. 5(1))

82M Injunctions restraining breaches of section 82A(1) U.K.

(1) Where the Secretary of State considers it necessary or expedient to restrain any actual or apprehended breach of section 82A(1), the Secretary of State may apply to the court for an injunction or, in Scotland, an interdict.

(2) An application may be made whether or not the Secretary of State has exercised, or is proposing to exercise, any of the other powers under this Part.

(3) On an application under subsection (1), the court may grant such an injunction or interdict as the court considers appropriate for the purpose of restraining the breach.

(4) Rules of court may provide for an injunction or interdict to be issued against a person whose identity is unknown.

(5) In this section “ the court ” means—

(a) the High Court, or

(b) in Scotland, the Court of Session.

82N Inspectors U.K.

(1) The Secretary of State may appoint persons to act as inspectors to assist in carrying out the functions of the Secretary of State under this Part.

(2) The Secretary of State may make payments, by way of remuneration or otherwise, to inspectors appointed under this section.

(3) The Secretary of State may make regulations about—

(a) the powers and duties of inspectors appointed under this section;

(b) the powers and duties of any other person acting on the directions of the Secretary of State in connection with a function under this Part;

(c) the facilities and assistance to be accorded to persons mentioned in paragraph (a) or (b).

(4) The powers conferred by virtue of subsection (3) may include powers of a kind specified in section 108(4) of the Environment Act 1995 (powers of entry, investigation, etc ).

(5) Any regulations under this section may provide for the creation of offences which are punishable—

(a) on summary conviction, by a fine not exceeding the statutory maximum or such lesser amount as is specified in the regulations, and

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

82O Criminal proceedings U.K.

(1) Proceedings for a relevant offence may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.

(2) Section 3 of the Territorial Waters Jurisdiction Act 1878 (restriction on prosecutions) does not apply to any proceedings for a relevant offence.

(3) In this section “ relevant offence ” means—

(a) an offence under this Part, or

(b) an offence created by regulations under section 82N.]