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The Offshore Chemicals Regulations 2002
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- UK Statutory Instruments
- 2002 No. 1355
- Regulation 18
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Changes and effects yet to be applied to Regulation 18:
- reg. 18(1)(b) substituted by S.I. 2011/982 reg. 20(a)(i)
- reg. 18(1)(c) words omitted by S.I. 2011/982 reg. 20(a)(ii)
- reg. 18(1)(d) words omitted by S.I. 2011/982 reg. 20(a)(iii)
- reg. 18(1)(e)(i) words inserted by S.I. 2011/982 reg. 20(a)(iv)
- reg. 18(1)(f) word omitted by S.I. 2005/2055 Sch. 2 para. 4(a)
- reg. 18(1)(g) word omitted by S.I. 2005/2055 Sch. 2 para. 4(b)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 2(1) reg. 2 renumbered as reg. 2(1) by S.I. 2010/1513 art. 6(2)
- reg. 2(1)(a) words inserted by S.I. 2016/912 reg. 9(2)
- reg. 2(2) inserted by S.I. 2010/1513 art. 6(2)
- reg. 2(2) substituted by S.I. 2011/982 reg. 4(k)
- reg. 3A inserted by S.I. 2011/982 reg. 6
- reg. 7A inserted by S.I. 2020/855 reg. 3
- reg. 8(2)(a)-(ca) substituted for reg. 8(2)(a)-(c) by S.I. 2011/982 reg. 8(b)
- reg. 8(2)(h) inserted by S.I. 2017/404 reg. 2(3)
- reg. 11 heading words omitted by S.I. 2011/982 reg. 10(1)
- reg. 12A inserted by S.I. 2011/982 reg. 12
- reg. 15(1)(1A) substituted for reg. 15(1) by S.I. 2011/982 reg. 15
- reg. 16A 16B inserted by S.I. 2005/2055 Sch. 2 para. 3
- reg. 16A(1) words omitted by S.I. 2011/982 reg. 17(a)(ii)
- reg. 16A(1) words substituted by S.I. 2011/982 reg. 17(a)(i)
- reg. 16A(1A) inserted by S.I. 2011/982 reg. 17(b)
- reg. 16A(2) substituted by S.I. 2011/982 reg. 17(c)
- reg. 16A(5) words omitted by S.I. 2011/982 reg. 17(d)
- reg. 16A(6) word inserted by S.I. 2011/982 reg. 17(e)
- reg. 16B(1) words substituted by S.I. 2011/982 reg. 18(a)
- reg. 16B(2) word inserted by S.I. 2011/982 reg. 18(b)
- reg. 16B(3) word omitted by S.I. 2011/982 reg. 18(c)(ii)
- reg. 16B(3)(c) words omitted by S.I. 2011/982 reg. 18(c)(i)
- reg. 16B(3)(ca) inserted by S.I. 2011/982 reg. 18(c)(ii)
- reg. 18(1)(h) inserted by S.I. 2005/2055 Sch. 2 para. 4(c)
- reg. 18(2A) inserted by S.I. 2011/982 reg. 20(b)
- reg. 18(9)(10) inserted by S.I. 2011/982 reg. 20(c)
- reg. 19A inserted by S.I. 2016/912 reg. 9(4)
OffencesU.K.
18.—(1) Subject to paragraph (2), a person is guilty of an offence if he—
(a)contravenes regulation 3(1);
(b)fails to comply with the terms of a direction given under regulation 16(4);
(c)fails to supply any information required to be supplied by virtue of regulation 3(3) or 15;
(d)fails to supply any information required to be supplied by virtue of the terms of any permit granted under these Regulations;
(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 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; or
(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.
(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.
(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.
Marginal Citations
M11878 41 & 42 Vict. c.73.
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