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Energy Act 2004

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Change 1

What to do with it
As published

97 Offences relating to safety zones

(1) Where a vessel enters or remains in a safety zone in contravention of section 96(1), the vessel’s owner and her master are each guilty of an offence. (2) Where— (a) a vessel enters or remains in a safety zone with a permission granted for the purposes of section 96, and (b) there is a contravention of a condition of that permission in relation to the vessel or individuals on the vessel, the vessel’s owner and her master are each guilty of an offence. (3) A person who carries on an activity wholly or partly in a safety zone in contravention of section 96(2) is guilty of an offence. (4) Where— (a) a person carries on an activity wholly or partly in a safety zone with a permission granted for the purposes of section 96, and (b) there is a contravention of a condition of that permission in relation to the carrying on of that activity, that person is guilty of an offence. (5) A person guilty of an offence under this section shall be liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both. (6) In proceedings against a person as the owner of a vessel for an offence under subsection (1) or (2), it is a defence for him to show that the existence of the safety zone— (a) was not known to the master of the vessel in question at the time of the offence; and (b) would not have become known to the master had he made reasonable inquiries before that time. (7) In any other proceedings against a person for an offence under this section, it is a defence for that person to show that the existence of the safety zone— (a) was not known to him at the time of the offence; and (b) would not have become known to him had he made reasonable inquiries before that time. (8) It is also a defence in proceedings against a person for an offence under this section for that person to show that he took all reasonable steps to prevent the contravention in question.

Your change, as a redline

97 Offences relating to safety zones

(1) Where a vessel enters or remains in a safety zone in contravention of section 96(1), the vessel’s owner and her master are each guilty of an offence. (2) Where— (a) a vessel enters or remains in a safety zone with a permission granted for the purposes of section 96, and (b) there is a contravention of a condition of that permission in relation to the vessel or individuals on the vessel, the vessel’s owner and her master are each guilty of an offence. (3) A person who carries on an activity wholly or partly in a safety zone in contravention of section 96(2) is guilty of an offence. (4) Where— (a) a person carries on an activity wholly or partly in a safety zone with a permission granted for the purposes of section 96, and (b) there is a contravention of a condition of that permission in relation to the carrying on of that activity, that person is guilty of an offence. (5) A person guilty of an offence under this section shall be liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both. (6) In proceedings against a person as the owner of a vessel for an offence under subsection (1) or (2), it is a defence for him to show that the existence of the safety zone— (a) was not known to the master of the vessel in question at the time of the offence; and (b) would not have become known to the master had he made reasonable inquiries before that time. (7) In any other proceedings against a person for an offence under this section, it is a defence for that person to show that the existence of the safety zone— (a) was not known to him at the time of the offence; and (b) would not have become known to him had he made reasonable inquiries before that time. (8) It is also a defence in proceedings against a person for an offence under this section for that person to show that he took all reasonable steps to prevent the contravention in question.

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