Safety, Health and Welfare (Offshore Installations) Act, 1987
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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 . |