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

Defences generally.

36.—(1) In any proceedings for an offence under this Act, it shall be a defence for the accused to prove that he used all due diligence to execute or comply with any requirement of this Act or of regulations under this Act to which the alleged offence relates, and either that the relevant contravention was committed without his consent, connivance or wilful default or that he took, or caused to be taken, reasonable steps to prevent or avoid the contravention.

(2) In any proceedings for an offence under section 12 of this Act it shall be a defence for the defendant to prove that the failure by him in relation to which the offence is alleged to have been committed was due to circumstances beyond his control.

(3) In any proceedings taken in respect of a contravention of section 27 (4) of this Act consisting of the doing of any act, it shall be a defence to prove that the doing of the act was necessary for securing the safety of the offshore installation concerned or persons thereon.