Section 28 Criminal proceedingsI1
United Kingdom
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.
Section 3 of the Territorial Waters Jurisdiction Act 1878 (c. 73) (restriction on prosecutions) does not apply to any proceedings for a relevant offence.
Proceedings for a relevant offence alleged to have been committed in F1an offshore controlled place may not be instituted in England and Wales except—
by the Secretary of State or a person authorised by the Secretary of State, or
by or with the consent of the Director of Public Prosecutions.
Proceedings for a relevant offence alleged to have been committed in F2an offshore controlled place may not be instituted in Northern Ireland except—
by the Secretary of State or a person authorised by the Secretary of State, or
by or with the consent of the Director of Public Prosecutions for Northern Ireland.
In the application of subsection (3) or (4) to an offence created by regulations under section 27—
the words “alleged to have been committed in F3an offshore controlled place” are to be omitted, and
F4except in the case of an offence that relates to functions of the OGA under this Chapter, the references to a person authorised by the Secretary of State are to be read as references to an inspector appointed under that section.
In this section “relevant offence” means an offence under this Chapter or created by regulations under section 27.
Annotations
Textual amendments
- F1
Words in s. 28(3) substituted (16.11.2011) by The Storage of Carbon Dioxide (Amendment of the Energy Act 2008 etc.) Regulations 2011 (S.I. 2011/2453), reg. 10
- F2
Words in s. 28(4) substituted (16.11.2011) by The Storage of Carbon Dioxide (Amendment of the Energy Act 2008 etc.) Regulations 2011 (S.I. 2011/2453), reg. 10
- F3
Words in s. 28(5)(a) substituted (16.11.2011) by The Storage of Carbon Dioxide (Amendment of the Energy Act 2008 etc.) Regulations 2011 (S.I. 2011/2453), reg. 10
- F4
Words in s. 28(5)(b) inserted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 1 para. 58; S.I. 2016/920, reg. 2(a)
Commencement
- I1
S. 28 in force at 6.4.2009 by S.I. 2009/45, art. 4(a)(ii)