NATIONAL CONTINGENCY PLAN FOR MARINE POLLUTION FROM SHIPPING AND OFFSHORE INSTALLATIONS

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12.    ENFORCEMENT FOLLOW UP / PROSECUTION
12.1    This section of the NCP refers to procedures in place within the MCA and DTI only and other regulatory bodies may choose to carry out their duties by the use of different methods.

Maritime and Coastguard Agency
12.2    The appointed regulatory body for each piece of legislation has a general duty to carry out enforcement activities when necessary.  In carrying out its general duty to enforce the legislation, an enforcement authority may wish to secure evidence for possible use in court if it has reason to believe that an offence has been committed.  The gathering of such evidence must not interfere with the operational activities of the salvors and other emergency services.

12.3    The MCA’s Enforcement Unit investigates reports of Breaches under the Merchant Shipping Act 1995 if, for example, one of the following is suspected:

• Pollution by oil and its products;
• Collision at sea;
• Grounding.

12.4    The Merchant Shipping Act 1995 not only covers at sea activities but also covers estuarial pollution in certain cases

12.5    An investigation by the MCA may lead to one of the following possible outcomes:

• No Further Action;
• Notice of Concern;
• Formal Caution;
• ‘Conditional Caution’  (Note: this form of closure is not yet in force);
• Prosecution.

12.6    The decision to open an investigation is determined by a number of factors.  The investigation establishes the facts which in turn, inform which of the above actions is taken.

12.7    The MCA is a signatory to the Attorney General’s agreement between prosecuting authorities and as such the Enforcement Unit liaises with other enforcement and prosecuting authorities, including the police, in order to ensure evidence is secured and appropriate offences are considered when determining the outcome of any investigation.  They also, in conjunction with those authorities, determine which of them is best placed to be the lead authority.

Department of Trade and Industry
12.8    Similarly, the DTI’s Offshore Inspectorate Unit seeks to ensure that operators/permit holders comply with the legislation relating to offshore installations.  Notifications of offshore environmental incidents can relate to, inter alia, oil in produced water discharges, oil and chemical spills and in connection with the use of chemicals.  In deciding a proportional response for each notification a number of factors are taken into account, in line with the department’s Investigation Policy.  Thereafter, any enforcement action will likewise be in line with the department’s Enforcement Policy.

12.9    An investigation by the DTI may lead to one of the following possible outcomes:

• No further action;
• Warning letter;
• Issue of Enforcement or Prohibition Notice;
• Prosecution;
• Revocation of Production Licence.

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