PART I continued
(2)A person guilty of an offence under paragraph (d), (f), (h) or (n) of subsection (1) above, or of an offence under paragraph (e) of that subsection consisting of contravening a requirement imposed by an inspector under section 20, shall be liable on summary conviction to a fine not exceeding [F4level 5 on the standard scale]
(3)Subject to any provision made by virtue of section 15(6)(d) or by virtue of paragraph 2(2) of Schedule 3, a person guilty of an offence under any paragraph of subsection (1) above not mentioned in the preceding subsection, or of an offence under subsection (1)(e) above not falling within the preceding subsection, or of an offence under any of the existing statutory provisions, being an offence for which no other penalty is specified, shall be liable—
(a)on summary conviction, to a fine not exceeding £400;
(b)on conviction on indictment—
(i)if the offence is one to which this sub-paragraph applies, to imprisonment for a term not exceeding two years, or a fine, or both;
(ii)if the offence is not one to which the preceding sub-paragraph applies, to a fine.
(4)Subsection (3)(b)(i) above applies to the following offences—
(a)an offence consisting of contravening any of the relevant statutory provisions by doing otherwise than under the authority of a licence issued by the Executive . . . F1 something for the doing of which such a licence is necessary under the relevant statutory provisions;
(b)an offence consisting of contravening a term of or a condition or restriction attached to any such licence as is mentioned in the preceding paragraph;
(c)an offence consisting of acquiring or attempting to acquire, possessing or using an explosive article or substance (within the meaning of any of the relevant statutory provisions) in contravention of any of the relevant statutory provisions;
(d)an offence under subsection (1)(g) above consisting of contravening a requirement or prohibition imposed by a prohibition notice;
(e)an offence under subsection (1)(j) above.
(5)Where a person is convicted of an offence under subsection (1)(g) or (o) above, then, if the contravention in respect of which he was convicted is continued after the conviction he shall (subject to section 42(3)) be guilty of further offence and [F5liable on summary conviction to a fine not exceeding £100] for each day on which the contravention is so continued.
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
F1Words repealed by Employment Protection Act 1975 (c. 71), Sch. 18
F2Words inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 6
F3Words repealed (E.W.N.I.) by Forgery and Counterfeiting Act 1981 (c. 45, SIF 39:7), s. 30, Sch. Pt. I
F4Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and (N.I.) by S.I. 1984/703 (N.I. 3) arts. 5, 6
F5Words substituted by Criminal Law Act 1977 (c. 45), ss. 15(1), 30, Sch. 1 para. 21 and Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 7A item 17
F6S. 33(6) repealed by Forgery and Counterfeiting Act 1981 (c. 45, SIF 39:7), s. 30, Sch. Pt. I
C1S. 33 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(b)
C2S. 33 applied (with modifications) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)
C3S. 33 applied by S.I. 1989/840, arts. 2, 10
C4S. 33 applied (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1)(2)(3); S. 33 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)
C5S. 33 applied (with modifications) (19.11.1999) by S.I. 1999/2892, reg. 16(1)
S. 33 applied (20.9.2001) by S.I. 2001/2975, reg, 19(d)
C6Ss. 33-35 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)
C7S. 33 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11)
C8Ss. 33 applied (20.9.2001) by S.I. 2001/2975, reg. 19(d);
Ss. 33 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(b); s. 33 applied (16.5.2002) by S.I. 2002/1166, reg. 31 (with art. 37); s. 33 applied (2.4.2006) by S.I. 2006/397, reg. 34(3)(d)
C9S. 33(1)(c) restricted (1.4.1999) by S.I. 1999/743, reg. 20(2)
S. 33(1)(c) excluded (16.5.2002) by S.I. 2002/1166, reg. 31(4) (with art. 37)
C10S. 33(1)(e) applied (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
C11S. 33(1)(e) modified (6.4.1992) by S.I. 1992/711, reg. 28(3)(b)(5)(a)
C12S. 33(1)(f) applied (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
C13S. 33(1)(f) modified (6.4.1992) by S.I. 1992/711, reg. 28(3)(b)(5)(a)
C14S. 33(1)(g) applied (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
C15S. 33(1)(g) modified (6.4.1992) by S.I. 1992/711, reg. 28(3)(b)(5)(a)
C16S. 33(1)(h) modified (6.4.1992) by S.I. 1992/711, reg. 28(3)(b)(5)(a)
C17S. 33(1)(i) modified (6.4.1992) by S.I. 1992/711, reg. 28(3)(b)(5)(a)
C18S. 33(1)(j) modified (6.4.1992) by S.I. 1992/711, reg. 28(3)(b)(5)(a)
C19S. 33(1)(c) modified (6.4.1992) by S.I. 1992/711, reg. 28(3)(b)(5)(a)
C20S. 33(1)(m) modified (6.4.1992) by S.I. 1992/711, reg. 28(3)(b)(5)(a)
C21S. 33(1)(n) modified (6.4.1992) by S.I. 1992/711, reg. 28(3)(b)(5)(a)
C22S. 33(1)(o) applied (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
C23S. 33(2) applied (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
C24S. 33(2) modified (6.4.1992) by S.I. 1992/711, reg. 28(3)(b)(5)(a)
C25S. 33(3) applied (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
C26S. 33(3) modified (6.4.1992) by S.I. 1992/711, reg. 28(3)(b)(5)(a)
C27S. 33(4)(e) modified (6.4.1992) by S.I. 1992/711, reg. 28(3)(b)(5)(a)
E1This version of this provision applies to Northern Ireland (in so far as this provision extends there, see s. 84(1)); a separate version has been created for England, Wales and Scotland only.
(1)Where—
(a)a special report on any matter to which section 14 of this Act applies is made by virtue of subsection (2)(a) of that section; or
(b)a report is made by the person holding an inquiry into any such matter by virtue of subsection (2)(b) of that section; or
(c)a coroner’s inquest is held touching the death of any person whose death may have been caused by an accident which happened while he was at work or by a disease which he contracted or probably contracted at work or by any accident, act or omission which occured in connection with the work of any person whatsoever; or
(d)a public inquiry into any death that may have been so caused is held under [F1the M1Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976],
and it appears from the report or, in a case falling within paragraph (c) or (d) above, from the proceedings at the inquest or inquiry, that any of the relevant statutory provisions was contravened at a time which is material in relation to the subject-matter of the report, inquest or inquiry, summary proceedings against any person liable to be proceeded against in respect of the contravention may be commenced at any time within three months of the making of the report or, in a case falling within paragraph (c) or (d) above, within three months of the conclusion of the inquest or inquiry.
(2)Where an offence under any of the relevant statutory provisions is committed by reason of a failure to do something at or within a time fixed by or under any of those provisions, the offence shall be deemed to continue until that thing is done.
(3)Summary proceedings for an offence to which this subsection applies may be commenced at any time within six months from the date on which there comes to the knowledge of a responsible enforcing authority evidence sufficient in the opinion of that authority to justify a prosecution for that offence; and for the purposes of this subsection—
(a)a certificate of an enforcing authority stating that such evidence came to its knowledge on a specified date shall be conclusive evidence of that fact; and
(b)a document purporting to be such a certificate and to be signed by or on behalf of the enforcing authority in question shall be presumed to be such a certificate unless the contrary is proved.
(4)The preceding subsection applies to any offence under any of the relevant statutory provisions which a person commits by virtue of any provision or requirement to which he is subject as the designer, manufacturer, importer or supplier of any thing; and in that subsection “responsible enforcing authority” means an enforcing authority within whose field of responsibility the offence in question lies, whether by virtue of section 35 or otherwise.
(5)In the application of subsection (3) above to Scotland—
(a)for the words from “there comes” to “that offence” there shall be substituted the words “evidence, sufficient in the opinion of the enforcing authority to justify a report to the Lord Advocate with a view to consideration of the question of prosecution, comes to the knowledge of the authority”;
(b)at the end of paragraph (b) there shall be added the words “and
(c)section [F2331(3) of the M2Criminal Procedure (Scotland) Act 1975] (date of commencement of proceedings) shall have effect as it has effect for the purposes of that section.”
[F3(6)In the application of subsection (4) above to Scotland, after the words “applies to” there shall be inserted the words “any offence under section 33(1)(c) above where the health and safety regulations concerned were made for the general purpose mentioned in section 18(1) of the Gas Act 1986 and”.]
F1Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)
F2Words substituted by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 9 para. 51
F3S. 34(6) inserted by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1), Sch. 7 para. 18
C1S. 34 applied by S.I. 1989/840, arts. 2-10
S. 34 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9
S. 34 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10
S. 34 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b)
S. 34 applied (with modifications) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)
S. 34 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)
C2Ss. 33-35 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(b)
C3S. 34 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 3(e)(i)
C4Ss. 33-42 applied (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1)(d), (2)(3)
C5Ss. 33-42 applied (with modifications) (19.11.1999) by S.I. 1999/2892, reg. 16(1)
Ss. 33-42 applied (20.9.2001) by S.I. 2001/2975, reg. 19(d)
C6Ss. 34 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)
S. 34 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(b)
S. 34 applied (16.5.2002) by S.I. 2002/1166, reg. 31 (with art. 37)
C7S. 34 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11)
C8S. 34 applied (with modifications) (E.W.S) (3.5.2004) by S.I. 2004/129, reg. 23(3)(e)
S. 34 applied (E.W.S.) (22.4.2005) by S.I. 2005/928, reg. 4(2)(3)(5)(6)
S. 34 applied (2.4.2006) by S.I. 2006/397, reg. 34(3)(d)
C9S. 34(1)(c) applied (with modifications) (E.W.S.) (the amendment coming into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art. 4(2)(3)(h) (subject to (4)-(6)) (with art. 7)
C10S. 34(1)(d) applied (with modifications) (E.W.S.) (the amendment coming into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art. 4(2)(3)(h) (subject to (4)-(6)) (with art. 7)
C11S. 34(2) applied (with modifications) (E.W.S) (9.6.2004) by S.I. 2004/1309, reg. 17
C12S. 34(2)-(6): power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(g), 5 (with s. 3(5))
C13S. 34 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17
C14S. 34(2)-(5) applied (with modifications) (E.W.S.) (the amendment coming into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art. 4(2)(3)(h) (subject to (4)-(6)) (with art. 7)
C15S. 34(3) applied (with modifications) (E.W.S) (9.6.2004) by S.I. 2004/1309, reg. 17
C16S. 34(3)(4)(5) modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)
S. 34(3)(4)(5) appied (with modifications) (18.7.1995) by S.I. 1995/1629, reg. 30(3)(b)(5)
C17S. 34(3) applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17
C18S. 34(3) applied (with modifications) (E.W.S.) (9.1.1995) by S.I. 1994/3260, reg. 17(3)
C19S. 34(2)-(5) applied (with modifications) (E.W.S.) (the amendment coming into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art. 4(2)(3)(h) (subject to (4)-(6)) (with art. 7)
C20S. 34(4) applied (with modifications) (E.W.S) (9.6.2004) by S.I. 2004/1309, reg. 17
C21S. 34(4) applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
C22S. 34(4) modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)
S. 34(4) appied (with modifications) (18.7.1995) by S.I. 1995/1629, reg. 30(3)(b)(5)
C23S. 34(4) applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
C24S. 34(4) applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17
C25S. 34(2)-(5) applied (with modifications) (E.W.S.) (the amendment coming into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art. 4(2)(3)(h) (subject to (4)-(6)) (with art. 7)
C26S. 34(5) applied (with modifications) (E.W.S) (9.6.2004) by S.I. 2004/1309, reg. 17
C27S. 34(5) modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)
S. 34(5) appied (with modifications) (18.7.1995) by S.I. 1995/1629, reg. 30(3)(b)(5)
C28S. 34(5) applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
C29S. 34(5) applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17
C30S. 34(2)-(5) applied (with modifications) (E.W.S.) (the amendment coming into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art. 4(2)(3)(h) (subject to (4)-(6)) (with art. 7)
C31S. 34(6) applied (with modifications) (E.W.S) (9.6.2004) by S.I. 2004/1309, reg. 17
C32S. 34(6) applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17
M11976 c. 14.
M21975 c. 21.
An offence under any of the relevant statutory provisions commited in connection with any plant or substance may, if necessary for the purpose of bringing the offence within the field of responsibility of any enforcing authority or conferring jurisdiction on any court to entertain proceedings for the offence, be treated as having been commited at the place where that plant or substance is for the time being.
C1S. 35 applied by S.I. 1989/840, arts. 2-10
S. 35 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9
S. 35 applied (with modifications) (E.W.S.) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
S. 35: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(a), 5 (with s. 3(5))
S. 35 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b) S. 35 applied (with modifications) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)
S. 35 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)
C2Ss. 35 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(b)
C3Ss. 35-39 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)
C4Ss. 33-42 applied (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1), (2)(3)
C5Ss. 33-42 applied (with modifications) (19.11.1999) by S.I. 1999/2892, reg. 16(1)
Ss. 33-42 applied (20.9.2001) by S.I. 2001/2975, reg. 19(d)
C6Ss. 33-35 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)
Ss. 33-42 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(b)
Ss. 33-42 applied (16.5.2002) by S.I. 2002/1166, reg. 31 (with art. 37)
C7Ss. 1-59, 80-82 applied (E.W.S.) (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11)
C8S. 35 applied (with modifications) (E.W.S.) (22.3.2003 for certain purposes and 22.9.2003 otherwise) by S.I. 2003/403, regs. 1(2), 23(2)(a)(3)
C9S. 35 applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129, reg. 23(3)(e); s. 35 applied (E.W.S.) (22.4.2005) by S.I. 2005/928 reg. 4(2)(3)(5)(6); s. 35 applied (2.4.2006) by S.I. 2006/397, reg. 34)(3)(d)
C10S. 35 applied (with modifications) (E.W.S.) (the amendment coming into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art. 4(2)(3)(h) (subject to (4)-(6)) (with art. 7)
(1)Where the commission by any person of an offence under any of the relevant statutory provisions is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings are taken against the first-mentioned person.
(2)Where there would be or have been the commission of an offence under section 33 by the Crown but for the circumstance that that section does not bind the Crown, and that fact is due to the act or default of a person other than the Crown, that person shall be guilty of the offence which, but for that circumstance, the Crown would be committing or would have committed, and may be charged with and convicted of that offence accordingly.
(3)The preceding provisions of this section are subject to any provision made by virtue of section 15(6).
C1S. 36 applied by S.I. 1989/840, arts. 2-10
S. 36 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9
S. 36 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10 S. 36 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)
C2S. 36 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)
C3Ss. 33-42 applied (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1), (2)(3)
C4Ss. 33-42 applied (with modifications) (19.11.1999) by S.I. 1999/2892, reg. 16(1)
Ss. 33-42 applied (20.9.2001) by S.I. 2001/2975, reg. 19(d)
C5S. 36 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11)
S. 36 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(b)
S. 36 applied (16.5.2002) by S.I. 2002/1166, reg. 31 (with art. 37)
C6S. 36 applied (with modifications) (E.W.S.) (22.3.2003 for certain purposes and 22.9.2003 otherwise) by S.I. 2003/403, regs. 1(2), 23(2)(a)(3)
C7S. 36 applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129, reg. 23(3)(e); s. 36 applied (E.W.S.) (22.4.2005) by S.I. 2005/928, reg. 4(2)(3)(5)(6); s. 36 applied (2.4.2006) by S.I. 2006/397, reg. 34
C8S. 36(1)(2) applied (with modifications) (1.1.1993) by S.I.1992/3073, reg. 28, Sch. 6 para. 1(c)
C9Ss. 18(6)(7)(b), 19-22, 23(1)(2)(5), 24-26, 33(1)(e)-(h)(o)(2)(2A)(3)(4)(e), 34(3)-(5), 35, 36(1)(2), 37-39, 42 applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
C10S. 36(1): power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(h), 5 (with s. 3(5))
C11S. 36(1) applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17
C12Ss. 36(1)(2), 37 applied (with modifications) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(c)
C13S. 36(1) applied (with modifications) (E.W.S.) (9.6.2004) by S.I. 2004/1309, reg. 17
C14S. 36(1) applied (with modifications) (E.W.S.) (the amendment coming into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art. 4(2)(3)(h) (subject to (4)-(6)) (with art. 7)
C15S. 36 applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
C16S. 36(2) applied (with modifications) (E.W.S.) (the amendment coming into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art. 4(2)(3)(h) (subject to (4)-(6)) (with art. 7)
(1)Where an offence under any of the relevant statutory provisions committed 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 that offence and shall be liable to be proceeded against and punished accordingly.
(2)Where the affairs of a body corporate are manged by its members, the preceding subsection shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
C1S. 37 applied by S.I. 1989/840, arts. 2-10
S. 37 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9
S. 37 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10
Ss. 18(6)(7)(b), 19-22, 23(1)(2)(5), 24-26, 33(1)(e)-(h)(o)(2)(2A)(3)(4)(e), 34(3)-(5), 35, 36(1)(2), 37-39, 42 applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
S. 37: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(h), 5 (with s. 3(5))
Ss. 18-27, 33(1)(e)-(i)(n)(o)(2)-(4), 34(2)-(6), 36(1), 37-42, 46 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17
Ss. 16-26, 33-42, 47 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)
C2S. 37 applied by S.I. 1990/556, reg. 5(2)
C3S. 37 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(c)
Ss. 36(1)(2), 37 applied (with modifications) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(c)
C4Ss. 35-39 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)
C5Ss. 33-42 applied (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1), (2)(3)
C6Ss. 33-42 applied (with modifications) (19.11.1999) by S.I. 1999/2892, reg. 16(1)
C7Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11)
C8Ss. 33-42 applied (20.9.2001) by S.I. 2001/2975, reg. 19(d)
Ss. 33-42 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(b)
Ss. 33-42 applied (16.5.2002) by S.I. 2002/1166, reg. 31 (with art. 37)
C9S. 37 applied (with modifications) (E.W.S.) (22.3.2003 for certain purposes and 22.9.2003 otherwise) by S.I. 2003/403, regs. 1(2), 23(2)(a)(3)
C10S. 37 applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129, reg. 23(3)(e); s. 37 applied (with modifications) (E.W.S.) (9.6.2004) by S.I. 2004/1309, reg. 17; s. 37 applied (E.W.S.) (22.4.2005) by S.I. 2005/928, reg. 4(2)(3)(5)(6); ss. 37 applied (2.4.2006) by S.I. 2006/397, reg. 34(3)(d)
C11Ss. 37-41 applied (with modifications) (E.W.S.) (the amendment coming into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art. 4(2)(3)(h) (subject to (4)-(6)) (with art. 7)
Proceedings for an offence under any of the relevant statutory provisions shall not, in England and Wales, be instituted except by an inspector or [F1the Environment Agency or]by or with the consent of the Director of Public Prosecutions.
F1Words in s. 38 inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(7) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
C1S. 38 applied by S.I. 1989/840, arts. 2-10
S. 38 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9
S. 38 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10
Ss. 18(6)(7)(b), 19-22, 23(1)(2)(5), 24-26, 33(1)(e)-(h)(o)(2)(2A)(3)(4)(e), 34(3)-(5), 35, 36(1)(2), 37-39, 42 applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
S. 38: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(i), 5 (with s. 3(5))
Ss. 18-27, 33(1)(e)-(i)(n)(o)(2)-(4), 34(2)-(6), 36(1), 37-42, 46 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17
Ss. 19-28, 33-35, 38, 39, 41, 42 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b)
Ss. 19-28, 33-35, 38, 39, 41, 42 applied (with modifications) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)
Ss. 16-26, 33-42, 47 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)
C2S. 38 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(b)
S. 38 applied (15.2.1999) by 1998 c. 17, s. 20(3), (with s. 9(1)(2), Sch. 3 para. 5(1)); S.I. 1999/161, art. 2(1)(2)
C3Ss. 35-39 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)
C4Ss. 33-42 applied (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1)(d), (2)(3)
C5Ss. 33-42 applied (with modifications) (19.11.1999) by S.I. 1999/2892, reg. 16(1)
Ss. 33-42 applied (20.9.2001) by S.I. 2001/2975, reg. 19(d)
C6S. 38 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)
C7Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11)
Ss. 33-42 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(b)
Ss. 33-42 applied (16.5.2002) by S.I. 2002/1166, reg. 31 (with art. 37)
C8S. 38 applied (with modifications) (E.W.S.) (22.3.2003 for certain purposes and 22.9.2003 otherwise) by S.I. 2003/403, regs. 1(2), 23(2)(a)(3)
C9S. 38 applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129, reg. 23(3)(e); s. 38 applied (with modifications) (E.W.S.) (9.6.2004) by S.I. 2004/1309, reg. 17; s. 38 applied (E.W.S.) (22.4.2005) by S.I. 2005/928, reg. 4(2)(3)(5)(6); s. 38 applied (2.4.2006) by S.I. 2006/397, reg. 34(3)(d)
C10Ss. 37-41 applied (with modifications) (E.W.S.) (the amendment coming into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art. 4(2)(3)(h) (subject to (4)-(6)) (with art. 7)