- Latest available (Revised)
- Original (As made)
The Offshore Chemicals Regulations 2002
You are here:
- UK Statutory Instruments
- 2002 No. 1355
- Regulation 18
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes over time for: Section 18
Alternative versions:
Changes to legislation:
There are currently no known outstanding effects for the The Offshore Chemicals Regulations 2002, Section 18.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
OffencesU.K.
18.—(1) Subject to paragraph (2), a person is guilty of an offence if he—
(a)contravenes regulation 3(1);
[F1(b)contravenes regulation 3A;]
(c)fails to supply any information required to be supplied by virtue of regulation F2... 15;
(d)fails to supply any information required to be supplied by virtue of the terms of any permit F3...;
(e)knowingly or recklessly makes a statement which he knows to be false or misleading in a material particular where such a statement—
(i)is made in connection with or for the purposes of any permit application [F4, permit transfer] or any application under regulations 10 or 11; or
(ii)is made for the purposes of satisfying any requirement under these Regulations for the supply of information to the Secretary of State or an inspector appointed pursuant to regulation 16;
(f)wilfully obstructs an inspector appointed under regulation 16; F5...
(g)without reasonable excuse fails to comply with a requirement imposed in pursuance of regulation 16 or prevents another person from complying with such a requirement [F6; or]
[F7(h)fails to comply with the terms of an enforcement notice or a prohibition notice.]
(2) Where a person is charged with an offence under paragraph (1)(a) or (1)(b), it is a defence to prove that the contravention—
(a)arose as a result of something which could not have been reasonably prevented by him; or
(b)was due to something done as a matter of urgency for the purposes of securing the safety of any person.
[F8(2A) A person does not have the defence provided by paragraph (2)(b) if the court is satisfied—
(a)that the thing done was not a reasonable step to take in the circumstances; or
(b)that it was a reasonable step to take for the purpose mentioned in that paragraph but the necessity of taking that step was due to the fault of the defendant.]
(3) A person guilty of an offence under this regulation shall on summary conviction be liable to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
(4) Where an offence under this regulation by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of an offence and shall be liable to be proceeded against and punished accordingly.
(5) Where the affairs of a body corporate are managed by its members, paragraph (4) shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(6) Where the commission by any person of an offence under this regulation is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings for the offence are taken against the first-mentioned person.
(7) Proceedings for an offence under this regulation may be taken, and the offence may for all incidental purposes be treated as having been committed, in any part of the United Kingdom.
(8) Section 3 of the Territorial Waters Jurisdiction Act 1878 (restriction on prosecutions) M1 shall not apply to any proceedings for an offence under this regulation.
[F9(9) Proceedings in England and Wales for an offence under this regulation may be brought only by, or with the consent of, the Secretary of State or the Director of Public Prosecutions.
(10) Proceedings in Northern Ireland for an offence under this regulation may be brought only by, or with the consent of, the Secretary of State or the Director of Public Prosecutions for Northern Ireland.]
Textual Amendments
F1Reg. 18(1)(b) substituted (30.3.2011) by The Offshore Chemicals (Amendment) Regulations 2011 (S.I. 2011/982), regs. 1, 20(a)(i)
F2Words in reg. 18(1)(c) omitted (30.3.2011) by virtue of The Offshore Chemicals (Amendment) Regulations 2011 (S.I. 2011/982), regs. 1, 20(a)(ii)
F3Words in reg. 18(1)(d) omitted (30.3.2011) by virtue of The Offshore Chemicals (Amendment) Regulations 2011 (S.I. 2011/982), regs. 1, 20(a)(iii)
F4Words in reg. 18(1)(e)(i) inserted (30.3.2011) by The Offshore Chemicals (Amendment) Regulations 2011 (S.I. 2011/982), regs. 1, 20(a)(iv)
F5Word in reg. 18(1)(f) omitted (20.8.2005) by virtue of The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 (S.I. 2005/2055), reg. 1, Sch. 2 para. 4(a)
F6Word in reg. 18(1)(g) inserted (20.8.2005) by virtue of The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 (S.I. 2005/2055), reg. 1, Sch. 2 para. 4(b)
F7Reg. 18(1)(h) inserted (20.8.2005) by The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 (S.I. 2005/2055), reg. 1, Sch. 2 para. 4(c)
F8Reg. 18(2A) inserted (30.3.2011) by The Offshore Chemicals (Amendment) Regulations 2011 (S.I. 2011/982), regs. 1, 20(b) (with reg. 21)
F9Reg. 18(9)(10) inserted (30.3.2011) by The Offshore Chemicals (Amendment) Regulations 2011 (S.I. 2011/982), regs. 1, 20(c) (with reg. 21)
Marginal Citations
M11878 41 & 42 Vict. c.73.
Options/Help
Print Options
PrintThe Whole Instrument
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Impact Assessments
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
- Why the government is proposing to intervene;
- The main options the government is considering, and which one is preferred;
- How and to what extent new policies may impact on them; and,
- The estimated costs and benefits of proposed measures.
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.