UNEXPLODED ORDNANCE - Wind Energy Network

LAW
The Enforcement Unit
The Enforcement Unit gains most of
its powers from the provisions of the
Merchant Shipping Act 1995 together
with Regulations made thereunder. It is
often quoted that there are more offences
that can be committed by a seafarer
going to sea than a driver taking his car
on the road. Whilst this may or may not
be the case it is certainly true that marine
regulatory offences are often technical
in nature and require specialist advice.
Quite apart from anything else it helps
if there is an understanding of basics
such as marine terminology practice and
procedure. The enforcement officers will
certainly know the marine environment
back to front and it is therefore essential
that those advising ship owners or wind
farm operators are similarly well informed.
In addition, it should be noted that
although it is the MCA Enforcement Unit
which is investigating this will nevertheless
be a criminal investigation in just the same
way as if it were a police investigation. All
the same rules concerning legal privilege,
disclosure of evidence and the protection
of human rights apply to those being
investigated by the MCA Enforcement
Unit, as they do to somebody being
interviewed by the police for an offence
such as theft, murder or manslaughter.
Again there is therefore need for specialist
advice relating to the operation of the
criminal law.
Marine Accident Investigation
In addition any marine casualty will be
investigated by the Marine Accident
Investigation branch, which has sweeping
powers to investigate marine casualties and
incidents. However, its role is to investigate
incidents with a view to disseminating
information and learning lessons so as to
prevent similar incidents in the future.
These reports cannot be used in a court of
law but nevertheless its investigations can
often lead to issues which are relevant to
the MCA’s criminal investigation. It is not
uncommon for matters arising from the
MAIB investigation to transport themselves
into a case which eventually becomes
before a criminal court.
In limited circumstances the HSE may well
have powers of investigation, especially
relating to incidents occurring on turbines
of offshore structures or incidents
occurring in port, or on gangways and
ramps from port side facilities to a vessel.
It should also not be forgotten that Port
Authorities will have some rights to
commence criminal investigations and
bring prosecutions for offences contrary to
port byelaws.
Summary
In the unfortunate event of an incident it
is likely that all of the potential regulating
authorities will descend at the same
time and there are memorandums of
understanding between them as to which
one has precedence – although it should
be noted that this isn’t always followed.
Specialist maritime knowledge coupled
with experience and knowledge of the
criminal law is an important factor in
protecting the interests of everybody who
may be involved with an incident occurring
on an offshore support or transfer vessel.
Andrew Oliver
Andrew Jackson Solicitors
www.andrewjackson.co.uk
Click to view more info
www.windenergynetwork.co.uk
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