Regulation 21E Mode of trial and penalties in relation to registration of death or lossF1

(1)

In relation to an offence consisting of a contravention of the requirement imposed by regulation 21B(1)—

(a)

proceedings on indictment are excluded; and

(b)

the punishment which can be imposed is restricted to a fine not exceeding level 3 on the standard scale.

(2)

In relation to an offence consisting of a contravention of a requirement imposed by regulation 21B(2) or 21C—

(a)

proceedings on indictment are excluded; and

(b)

the punishment which can be imposed is restricted to a fine not exceeding level 3 on the standard scale.

(3)

It is a defence in any proceedings for an offence consisting of a contravention of a requirement imposed by regulation 21B(1) or (2) or 21C for the person charged to prove—

(a)

that the person exercised all due diligence to prevent the commission of the offence; and

(b)

that the relevant contravention was committed without the person's consent, connivance or wilful default.

Annotations

Textual amendments

F1: Regs. 21A-21H inserted (19.7.2015) by The Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015 (S.I. 2015/398), reg. 1, Sch. 13 para. 14 (with reg. 4(2), Sch. 14)