86(1)  Subject to subsection (2), this section applies to an offence alleged to have been committed on, under or above–

(a)a renewable energy installation situated in waters to which section 85 applies; or

(b)waters to which section 85 applies that, at the time of the alleged offence, were within a safety zone.

86(2)  This section does not apply to an offence created by or under–

(a)the Health and Safety at Work etc. Act 1974 (c. 37);

(b)the Customs and Excise Acts 1979, or any enactment that has to be construed as one with those Acts or any of them;

(c)the Civil Aviation Act 1982 (c. 16) or any enactment that has to be construed as one with that Act;

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