Control of Major Accident Hazards Involving Dangerous Substances

Offences and penalties
Offences.
36. (1) A person who contravenes any of the preceeding provisions of these
Regulations shall be guilty of an offence.
(2)(a) Except in so far as it relates to the application of Regulation 24(9),
paragraph (1) shall not apply to a Competent Authority.
(b) Except in so far as it relates to Regulations 24(9) and 34, paragraph (1)
shall not apply to an inspector of the Central Competent Authority or to an
officer of a local competent authority authorised under Regulation 17(7).
Onus of proof.
37. Where, in any prosecution for an offence under these Regulations, it is alleged
that there has been a failure to comply with a duty or requirement to do something so
far as is practicable, reasonably practicable, or to use the best practicable means to do
something, it shall be for the accused to prove that (as the case may be) it was not
practicable or not reasonably practicable to do more than was in fact done to comply
with the duty or requirement, or that there was no better practicable means than was
in fact used to comply with the duty or requirement.
Liability of operators.
38. (1) In the event of a contravention in or in connection with or in relation to an
establishment of any provision of these Regulations, the operator shall, subject to
paragraph (2) and without prejudice to the liability of any other person, be guilty of an
offence.
(2) Subject to Regulation 6 in the event of a contravention by any person
(other than an operator) of any provision of these Regulations which expressly
imposes any duty upon him or her, that person shall be guilty of an offence under this
Regulation provided that—
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