The Works Detrimental to Navigation (Powers and Duties of Inspectors) Regulations 2018

UK Statutory Instrument 2018 No. 436 — creates 3 criminal offences.

3offences created

0recorded in force

0revoked

Made: 26 March 2018
In force from: Not determined
Extent: Not stated
Subject: Energy, communications, water and utilities
Made under: Energy Act 2008

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations confer powers on inspectors appointed by the Secretary of State under Part 4A of the Energy Act 2008 (works detrimental to navigation). Section 82A of the Energy Act 2008 prohibits the carrying out of certain operations in the regulated zone (as defined in section 82Q) without the written consent of the Secretary of State. Section 82N(1) gives the Secretary of State the power to appoint inspectors to assist in carrying out the Secretary of State’s functions under Part 4A. Regulation 3 sets out inspectors’ powers. These include inter alia powers— to access and board installations and vessels; to make examinations and investigations; to require persons to answer questions (but regulation 5 limits the circumstances in which answers given in compliance with such a requirement may be used in criminal proceedings); to require the production of documents and records; to require persons to afford facilities and assistance to enable inspectors to exercise their powers. Before exercising a power conferred by regulation 3, an inspector must, if requested to do so, produce evidence of his or her appointment (see regulation 4). Regulation 6 makes it an offence to do the following— to knowingly or recklessly make a false or misleading statement in compliance with a requirement imposed by an inspector; to obstruct an inspector in the exercise or performance of the inspector’s powers or duties; to fail to comply with a requirement imposed by an inspector; to prevent another person from complying with a requirement imposed by an inspector. Proceedings for an offence under regulation 6 may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom (see section 82O of the Energy Act 2008). These Regulations extend to the whole of the United Kingdom. These Regulations apply to the regulated zone as defined in section 82Q of Part 4A of the Energy Act 2008, which excludes the Scottish inshore region (as defined in section 322 of the Marine and Coastal Access Act 2009).

Offences created by this instrument

A person commits an offence if the person, in compliance with a requirement imposed under regulation 3(3)(g)— a makes… regulation 6(1) · Status not determined · Mixed — some elements strict, some not
A person commits an offence if the person intentionally obstructs an inspector in the exercise or performance of the… regulation 6(2) · Status not determined · Requires proof of a state of mind
A person commits an offence if the person, without reasonable excuse— a fails to comply with a direction given, or a… regulation 6(3) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Draft Works Detrimental To Navigation (Powers and Duties of Inspectors) Regulations 2018 Commons · General Committees · 27 February 2018 · The Minister for Energy and Clean Growth (Claire Perry)
I beg to move, That the Committee has considered the draft Works Detrimental to Navigation (Powers and Duties of Inspectors) Regulations 2018. May I say what a pleasure it is to serve for the first time under your chairmanship, Mr Sharma? May I also put on the record that colleagues complaining about the temperature will know that we are doing our bit for climate emissions and demonstrating how difficult it is for occupiers of listed buildings to improve the energy efficiency of those properties? I would very much like to address that, but not today. The draft regulations will provide…
Draft Works Detrimental To Navigation (Powers and Duties of Inspectors) Regulations 2018 Commons · General Committees · 27 February 2018
Draft Works Detrimental To Navigation (Powers and Duties of Inspectors) Regulations 2018 Commons · General Committees · 27 February 2018
Draft Works Detrimental to Navigation (Powers and Duties of Inspectors) Regulations 2018
Works Detrimental to Navigation (Powers and Duties of Inspectors) Regulations 2018 Lords · Grand Committee · 15 March 2018 · The Parliamentary Under-Secretary of State, Department for Business, Energy and Industrial Strategy (Lord Henley) (Con)
My Lords, I beg to move that the draft Works Detrimental to Navigation (Powers and Duties of Inspectors) Regulations 2018, which were laid before Parliament in January 2018, be approved. We are moving on to a somewhat different and more technical subject, and I am very pleased to see the noble Lord, Lord Bradshaw, in his place. He will presumably bring a great deal of technical expertise to this debate. The regulations will provide inspectors in BEIS’s Offshore Petroleum Regulator for Environment and Decommissioning, which I will refer to as OPRED, with powers to conduct inspections to…
Works Detrimental to Navigation (Powers and Duties of Inspectors) Regulations 2018 Lords · Grand Committee · 15 March 2018 · Lord Henley
That the Grand Committee do consider the Works Detrimental to Navigation (Powers and Duties of Inspectors) Regulations 2018.
Works Detrimental to Navigation (Powers and Duties of Inspectors) Regulations 2018 Lords · Grand Committee · 15 March 2018

How Parliament handled it

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