Safety, Health and Welfare (Offshore Installations) Act, 1987
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Penalties. |
39.—(1) Every person guilty of an offence under section 34 (1) (b) of this Act, by reason of a failure to comply with the requirements of section 11 (4) of this Act, or guilty of an offence under section 34 (8) of this Act, by reason of a failure to comply with section 10 (1) of this Act, or guilty of an offence under section 34 (9), 34 (11), 34 (19) (a) or 44 of this Act shall be liable— | |
(a) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both the fine and the imprisonment, or | ||
(b) on conviction on indictment, to a fine not exceeding £2,000 or, at the discretion of the court, to imprisonment for a term not exceeding two years, or to both the fine and the imprisonment. | ||
(2) Every person guilty of an offence under section 34 (10), 34 (16), 34 (17), 34 (18), 34 (19) (b), 34 (20) (a) or 34 (21) of this Act, or under section 34 (8) of this Act other than by reason of a failure to comply with section 10 (1) of this Act, shall be liable on summary conviction to a fine not exceeding £1,000. | ||
(3) Every person guilty of an offence under section 34 (1) of this Act, other than by reason of a failure to comply with the requirements of section 11 (4) of this Act, shall be liable on summary conviction to a fine not exceeding— | ||
(a) in case the person is guilty of the offence by reason of a contravention of section 16 , 17 or 28 of this Act, £200, | ||
(b) in case the person is so guilty by reason of a contravention or failure to comply with section 25 (1), 26 (3) or 30 of this Act, £400, and | ||
(c) in any other case, £600. | ||
(4) Every person guilty of an offence under subsection (2) or (3) of section 34 of this Act shall be liable on summary conviction to a fine not exceeding— | ||
(a) in case the person is guilty of the offence by reason of a failure of an installation manager to comply with section 76 of this Act £200, | ||
(b) in case the person is so guilty by reason either of a failure of an installation manager to comply with section 25 of this Act or such manager's having employed a person in contravention of section 14 of this Act, £300, and | ||
(c) in any other case, £600. | ||
(5) Every person guilty of an offence under section 34 (4), 34 (7), 34 (12), 34 (13), 34 (14), 34 (15), 34 (22) or 45 of this Act shall be liable on summary conviction to a fine not exceeding £300. | ||
(6) Every person guilty of an offence under section 34 (6) of this Act shall be liable on summary conviction to a fine not exceeding £200. | ||
(7) Subject to any provision which in exercise of the power contained in paragraph (a) (ii) or (a) (iii) of section 5 (4) of this Act is contained in a regulation under this Act and is applicable in the particular case, every person guilty of an offence under section 34 (5) of this Act shall be liable— | ||
(a) on summary conviction, to a fine not exceeding £600, or | ||
(b) on conviction on indictment, to a fine not exceeding £1,200 or, at the discretion of the court, to imprisonment for a term not exceeding two years, or to both the fine and the imprisonment. | ||
(8) Every person guilty of an offence under section 34 (20) (b) of this Act shall be liable on summary conviction to a fine not exceeding £400. | ||
(9) Where a person is convicted on indictment of an offence under this Act and there is a continuation by him of the offence after conviction, he shall be liable on summary conviction to a fine not exceeding £200 for each day on which the offence is so continued. | ||
(10) Where the court by which a person is convicted of an offence under this Act is satisfied that the offence in respect of which he is convicted— | ||
(a) was likely to cause the death of, or serious bodily injury to, a person employed on, in or in the neighbourhood of the offshore installation in relation to which the contravention occurred, or | ||
(b) was likely to cause a dangerous accident, or | ||
(c) was likely to endanger the safety of any such person, | ||
then if, apart from this subsection the court may not impose a term of imprisonment in respect of the conviction, the court may impose upon the person (either in addition to, or in substitution for, a fine) imprisonment for a term not exceeding six months. |