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18 1987

SAFETY, HEALTH AND WELFARE (OFFSHORE INSTALLATIONS) ACT, 1987

PART V

Offences, Legal Proceedings and Penalties

Offences.

34. —(1) (a) In case an installation manager by act or omission contravenes or fails to comply with section 16 , 17 , 21 (2), 25 , 28 or 30 of this Act he shall be guilty of an offence.

(b) In case the owner of an offshore installation fails to comply with the requirements of section 11 (4) of this Act, of a notice under section 26 (3) of this Act, or of a direction under section 26 (6) of this Act, or in case a condition imposed under section 12 (2) of this Act is not complied with, he shall be guilty of an offence.

(2) (a) In the event of an installation manager's failing to comply with or contravening section 10 (1), 14 , 16 , 17 , 25 or 30 of this Act, the owner of the relevant offshore installation shall, subject to the provisions of this Act, be guilty of an offence.

(b) In case an installation manager commits an offence under this section by reason of his failure to comply with section 21 (2) of this Act and the offence is committed with the consent, connivance or approval of the owner of the offshore installation concerned, such owner shall also be guilty of the offence.

(3) In the event of a contravention in relation to an offshore installation of section 12 (1) or 14 of this Act because for the time being no installation manager or other person stands appointed in pursuance of and in accordance with section 11 (1) of this Act, or because the installation was used under the supervision of a person other than the installation manager for a period exceeding that permitted by section 12 (2) of this Act, the owner of the installation shall be guilty of an offence.

(4) In the event of the employment of a person in contravention of section 14 of this Act by a person other than the relevant installation manager, that installation manager shall, subject to the provisions of this Act, be guilty of an offence.

(5) (a) Any person who by act or omission contravenes—

(i) a regulation under this Act, or

(ii) a condition specified in a regulation under section 14 (4) of this Act, or

(iii) a condition, other than a condition so specified, contained in a regulation under this Act being a condition to which a declaration under section 5 (4) of this Act relates but not being a condition to which the provisions of section 13 (3) of this Act regarding construction applies,

shall be guilty of an offence.

(b) Any person who contravenes section 26 (5) or 26 (8) of this Act shall be guilty of an offence.

(6) Any person who fails to comply with a requirement made by the Minister under section 6 (1) of this Act shall be guilty of an offence.

(7) Any person who fails to comply with section 9 of this Act shall be guilty of an offence.

(8) (a) Any person who fails to comply with subsection (1) or subsection (5) of section 10 of this Act shall be guilty of an offence.

(b) (i) Any owner of an offshore installation who fails to comply with a requirement referred to in section 10 (4) (a) of this Act shall be guilty of an offence.

(ii) Any installation manager who fails to produce a certificate pursuant to the requirements of section 10 (4) (a) of this Act shall be guilty of an offence.

(c) Any person who uses, or causes to be used, in contravention of section 10 (4) (b) of this Act any fitting or other part to which a condition referred to in the said section 10 (4) (b) relates shall be guilty of an offence.

(9) Any installation manager or other person who fails to exercise the daily personal supervision required to be exercised by him by section 12 (1) of this Act shall be guilty of an offence.

(10) If a person subject to the authority of the manager of an offshore installation to which this Act applies wilfully disobeys a lawful command given to him by the manager in the exercise of that authority, he shall be guilty of an offence.

(11) If an installation manager or owner fails to comply, or ensure compliance, with section 13 (2) of this Act, he shall be guilty of an offence.

(12) Any person who employs a person in contravention of section 14 of this Act shall be guilty of an offence.

(13) Subject to section 19 (4) of this Act, any person who contravenes subsection (1), (2) or (3) of section 15 of this Act shall be guilty of an offence.

(14) Any person who fails to comply with section 18 (1) of this Act shall be guilty of an offence.

(15) Any person who while employed on, in or in the neighbourhood of an offshore installation to which this Act applies does not wear or otherwise appropriately use at work facilities, equipment, clothing or materials provided in pursuance of section 18 of this Act or of regulations thereunder for his protection shall be guilty of an offence.

(16) Any person who contravenes section 19 (1) or subsection (1) or (2) of section 20 of this Act shall be guilty of an offence.

(17) Any person who fails to comply with the provisions of section 22 (5) of this Act shall be guilty of an offence.

(18) (a) Any installation manager who fails to comply with subsection (1) or (2) of section 27 of this Act shall be guilty of an offence.

(b) Any person who contravenes section 27 (4) of this Act shall be guilty of an offence.

(19) (a) (i) Any person who fails to comply with a requirement of a notice served on him under section 32 (1) of this Act or who fails to comply with a requirement made by the Minister under section 32 (3) of this Act, shall be guilty of an offence.

(ii) Any owner or manager of an offshore installation who fails to give facilities required to be given by section 32 (3) of this Act shall be guilty of an offence.

(b) Any person, other than the owner or manager of the relevant offshore installation, who fails to give facilities required to be given by section 32 (3) of this Act shall be guilty of an offence.

(20) (a) A person who—

(i) fails to comply with any requirement imposed by an inspector under section 41 of this Act, or

(ii) prevents, or attempts to prevent, any other person from appearing before an inspector or from answering any question to which an inspector may, by virtue of subsection (1) of section 41 of this Act, require an answer, or

(iii) without permission granted by an inspector, removes from an offshore installation to which this Act applies or conceals or tampers with any machinery, apparatus or other article of which possession has been taken by an inspector under section 41 of this Act, or

(iv) obstructs or otherwise interferes with an inspector in the exercise or performance of his powers or duties, shall be guilty of an offence.

(b) Any person who acts in contravention of section 41 (2) (c) of this Act shall be guilty of an offence.

(21) Any person who contravenes a prohibition or restriction imposed, or who fails to comply with a requirement imposed or made, under section 42 of this Act by an inspector shall be guilty of an offence.

(22) A person who makes a deduction in contravention of section 46 of this Act shall be guilty of an offence.

Offences; supplementary provisions.

35. —(1) In any proceedings for an offence under this Act an averment in any indictment, summons or other process of the fact that anything was done or situated within waters to which this Act applies shall, until the contrary is proved, be sufficient evidence of that fact as stated in the averment.

(2) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been facilitated by any neglect on the part of, any director, manager, secretary or other officer of the body, he, as well as the body, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(3) If an installation manager or the owner of an offshore installation avails himself of any exemption allowed by or under this Act and fails to comply with any condition attached to the exemption, he shall be deemed to have contravened the relevant provision of this Act or of a regulation under this Act.

(4) If any persons are employed on an offshore installation to which this Act applies otherwise than in accordance with a requirement of this Act or of any regulation made thereunder, there shall be deemed to be a separate contravention in respect of each person so employed.

(5) In case an offence under section 34 (22) of this Act is committed with the consent, connivance or approval of, or is facilitated by any neglect on the part of, an installation manager, such manager shall also be guilty of the offence.

Defences generally.

36. —(1) In any proceedings for an offence under this Act, it shall be a defence for the accused to prove that he used all due diligence to execute or comply with any requirement of this Act or of regulations under this Act to which the alleged offence relates, and either that the relevant contravention was committed without his consent, connivance or wilful default or that he took, or caused to be taken, reasonable steps to prevent or avoid the contravention.

(2) In any proceedings for an offence under section 12 of this Act it shall be a defence for the defendant to prove that the failure by him in relation to which the offence is alleged to have been committed was due to circumstances beyond his control.

(3) In any proceedings taken in respect of a contravention of section 27 (4) of this Act consisting of the doing of any act, it shall be a defence to prove that the doing of the act was necessary for securing the safety of the offshore installation concerned or persons thereon.

Prosecution of offences.

37. —(1) Summary proceedings for an offence under this Act may be prosecuted by the Minister.

(2) Subject to subsection (4) of this section, summary proceedings for an offence under this Act may be commenced—

(a) at any time within six months from the date on which the offence was committed, or

(b) at any time within three months from the date on which evidence sufficient, in the opinion of the person by whom the proceedings are instituted, to justify proceedings comes to such person's knowledge, whichever is the later.

(3) In addition to subsection (2) of this section, where, in consequence of an accident or the occurrence of a disease in waters to which this Act applies on, in or in the neighbourhood of an offshore installation, a report is made by a person appointed under this Actto hold an investigation under section 31 of this Act or a coroner's inquest is held, and it appears from the report or from the proceedings at the inquest that, at or before the time of the accident or other occurrence, there was a contravention, in relation to the offshore installation, of—

(a) a provision of this Act or of regulations made thereunder, or

(b) a condition attached to an exemption, consent, approval or authority granted under or by virtue of this Act by the Minister or by an inspector,

summary proceedings against any person liable to be proceeded against in respect of the contravention may be commenced at any time within three months after the making of the report or the conclusion of the inquest.

(4) Summary proceedings mentioned in subsection (2) of this section shall not be instituted later than two years from the date on which the offence was committed.

(5) For the purposes of this section a certificate signed by or on behalf of the person instituting the proceedings as to the date on which evidence described in subsection (2) of this section came to the knowledge of such person shall be prima facie evidence thereof and in any legal proceedings a document purporting to be a certificate issued for the purposes of this section and to be so signed shall be deemed to be so signed and shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate, unless the contrary is shown.

(6) Subsections (2) and (3) of this section shall have effect notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851.

Jurisdiction.

38. —(1) Where—

(a) any act or omission takes place either on an offshore installation which is in waters to which this Act applies or in any part of waters which are within five hundred metres of such an installation, or

(b) (i) any act or omission takes place either in any part of the waters to which this Act applies which is not within five hundred metres of an offshore installation which is for the time being in waters to which this Act applies, or under or above any such part, or such an offshore installation, and

(ii) the act or omission is connected with the exploration or exploitation of the sea bed or subsoil for petroleum or other minerals,

in case the act or omission constitutes either an offence under this Act or a wrong and legal proceedings are taken for the offence or as respects the wrong and a Judge of the Circuit Court or a Justice of the District Court before whom the proceedings are brought has not apart from this section jurisdiction to hear and determine the proceedings, then for the purpose of conferring such jurisdiction the offence or the wrong may be treated as having been committed within the circuit of such Judge or the District Court District to which such Justice is assigned, as may be appropriate.

(2) The reference in section 10 (1) of the Maritime Jurisdiction Act, 1959 , to a ship shall be construed as including a reference to an offshore installation.

(3) In this section “wrong” has the meaning assigned to it by the Civil Liability Act, 1961 .

Penalties.

39. —(1) Every person guilty of an offence under section 34 (1) (b) of this Act, by reason of a failure to comply with the requirements of section 11 (4) of this Act, or guilty of an offence under section 34 (8) of this Act, by reason of a failure to comply with section 10 (1) of this Act, or guilty of an offence under section 34 (9), 34 (11), 34 (19) (a) or 44 of this Act shall be liable—

(a) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both the fine and the imprisonment, or

(b) on conviction on indictment, to a fine not exceeding £2,000 or, at the discretion of the court, to imprisonment for a term not exceeding two years, or to both the fine and the imprisonment.

(2) Every person guilty of an offence under section 34 (10), 34 (16), 34 (17), 34 (18), 34 (19) (b), 34 (20) (a) or 34 (21) of this Act, or under section 34 (8) of this Act other than by reason of a failure to comply with section 10 (1) of this Act, shall be liable on summary conviction to a fine not exceeding £1,000.

(3) Every person guilty of an offence under section 34 (1) of this Act, other than by reason of a failure to comply with the requirements of section 11 (4) of this Act, shall be liable on summary conviction to a fine not exceeding—

(a) in case the person is guilty of the offence by reason of a contravention of section 16 , 17 or 28 of this Act, £200,

(b) in case the person is so guilty by reason of a contravention or failure to comply with section 25 (1), 26 (3) or 30 of this Act, £400, and

(c) in any other case, £600.

(4) Every person guilty of an offence under subsection (2) or (3) of section 34 of this Act shall be liable on summary conviction to a fine not exceeding—

(a) in case the person is guilty of the offence by reason of a failure of an installation manager to comply with section 76 of this Act £200,

(b) in case the person is so guilty by reason either of a failure of an installation manager to comply with section 25 of this Act or such manager's having employed a person in contravention of section 14 of this Act, £300, and

(c) in any other case, £600.

(5) Every person guilty of an offence under section 34 (4), 34 (7), 34 (12), 34 (13), 34 (14), 34 (15), 34 (22) or 45 of this Act shall be liable on summary conviction to a fine not exceeding £300.

(6) Every person guilty of an offence under section 34 (6) of this Act shall be liable on summary conviction to a fine not exceeding £200.

(7) Subject to any provision which in exercise of the power contained in paragraph (a) (ii) or (a) (iii) of section 5 (4) of this Act is contained in a regulation under this Act and is applicable in the particular case, every person guilty of an offence under section 34 (5) of this Act shall be liable—

(a) on summary conviction, to a fine not exceeding £600, or

(b) on conviction on indictment, to a fine not exceeding £1,200 or, at the discretion of the court, to imprisonment for a term not exceeding two years, or to both the fine and the imprisonment.

(8) Every person guilty of an offence under section 34 (20) (b) of this Act shall be liable on summary conviction to a fine not exceeding £400.

(9) Where a person is convicted on indictment of an offence under this Act and there is a continuation by him of the offence after conviction, he shall be liable on summary conviction to a fine not exceeding £200 for each day on which the offence is so continued.

(10) Where the court by which a person is convicted of an offence under this Act is satisfied that the offence in respect of which he is convicted—

(a) was likely to cause the death of, or serious bodily injury to, a person employed on, in or in the neighbourhood of the offshore installation in relation to which the contravention occurred, or

(b) was likely to cause a dangerous accident, or

(c) was likely to endanger the safety of any such person,

then if, apart from this subsection the court may not impose a term of imprisonment in respect of the conviction, the court may impose upon the person (either in addition to, or in substitution for, a fine) imprisonment for a term not exceeding six months.