Energy Act 2023

35Criminal proceedingsU.K.
This section has no associated Explanatory Notes

(1)Proceedings for an offence under this Part 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 an offence under this Part.

(3)Proceedings for an offence under this Part alleged to have been committed in an offshore place may not be instituted in England and Wales except—

(a)by the Secretary of State or a person authorised by the Secretary of State, or

(b)by or with the consent of the Director of Public Prosecutions.

(4)Proceedings for an offence under this Part alleged to have been committed in an offshore place may not be instituted in Northern Ireland except—

(a)by the Secretary of State or a person authorised by the Secretary of State, or

(b)by or with the consent of the Director of Public Prosecutions for Northern Ireland.

(5)In this section “offshore place” means a place in, under or over—

(a)the territorial sea adjacent to the United Kingdom, or

(b)waters in a Gas Importation and Storage Zone (within the meaning given by section 1 of the Energy Act 2008).

Commencement Information

I1S. 35 in force at 26.12.2023, see s. 334(3)(a)