Legislation – Energy Act 2023
Changes to legislation:
There are currently no known outstanding effects for the Energy Act 2023, Cross Heading: Criminal liability and procedure.
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Part 1Licensing of carbon dioxide transport and storage
Chapter 1Licensing of activities
Criminal liability and procedure
34Liability of officers of entities
(1)
Where an offence under this Part committed by a body corporate is proved—
(a)
to have been committed with the consent or connivance of an officer of the body corporate, or
(b)
to be attributable to neglect on the part of an officer of the body corporate,
that officer (as well as the body corporate) commits the offence and is liable to be proceeded against and dealt with accordingly.
(2)
In subsection (1) “officer”, in relation to a body corporate, means—
(a)
any director, manager, secretary or other similar officer of the body corporate, or
(b)
any person purporting to act in any such capacity.
(3)
In subsection (2) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
(4)
Where an offence under this Part is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, or to be attributable to any neglect on the part of a partner, that partner (as well as the partnership) commits the offence and is liable to be proceeded against and dealt with accordingly.
35Criminal proceedings
(1)
Proceedings for an offence under this Part may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
(2)
Section 3 of the Territorial Waters Jurisdiction Act 1878 (restriction on prosecutions) does not apply to any proceedings for an offence under this Part.
(3)
Proceedings for an offence under this Part alleged to have been committed in an offshore place may not be instituted in England and Wales except—
(a)
by the Secretary of State or a person authorised by the Secretary of State, or
(b)
by or with the consent of the Director of Public Prosecutions.
(4)
Proceedings for an offence under this Part alleged to have been committed in an offshore place may not be instituted in Northern Ireland except—
(a)
by the Secretary of State or a person authorised by the Secretary of State, or
(b)
by or with the consent of the Director of Public Prosecutions for Northern Ireland.
(5)
In this section “offshore place” means a place in, under or over—
(a)
the territorial sea adjacent to the United Kingdom, or
(b)
waters in a Gas Importation and Storage Zone (within the meaning given by section 1 of the Energy Act 2008).