|
| |
| |
227 | Consequential and supplementary amendments |
| |
(1) | Schedule 16 (which contains consequential and supplementary amendments |
| |
relating to this Chapter) has effect. |
| |
(2) | The following provisions of the Salmon and Freshwater Fisheries Act 1975 |
| |
(c. 51) (which are obsolete or no longer of practical utility) are omitted— |
| 5 |
(a) | in section 4 (poisonous matter etc), subsection (2); |
| |
(b) | section 23 (export of salmon and trout); |
| |
(c) | section 24 (consignment of salmon and trout). |
| |
| |
Obsolete fisheries enactments |
| 10 |
228 | Repeal of spent or obsolete enactments |
| |
The following enactments are repealed— |
| |
(a) | the White Herring Fisheries Act 1771 (c. 31); |
| |
(b) | the Seal Fishery Act 1875 (c. 18); |
| |
(c) | section 13 of the Fisheries Act 1891 (c. 37) (proceedings for enforcement |
| 15 |
of Acts relating to salmon and freshwater fisheries); |
| |
(d) | the North Sea Fisheries Act 1893 (c. 17); |
| |
(e) | the Behring Sea Award Act 1894 (c. 2); |
| |
(f) | the Seal Fisheries (North Pacific) Act 1895 (c. 21); |
| |
(g) | the Seal Fisheries (North Pacific) Act 1912 (c. 10); |
| 20 |
(h) | sections 86, 87 and 163 of the Port of London Act 1968 (c. xxxii) (powers |
| |
of Port of London Authority in relation to fisheries). |
| |
| |
| |
| 25 |
| |
Marine enforcement officers |
| |
229 | Marine enforcement officers |
| |
(1) | In this Chapter “marine enforcement officer” means— |
| |
(a) | any person appointed as such an officer by the MMO; |
| 30 |
(b) | any person appointed as such an officer by the Welsh Ministers; |
| |
(c) | any person who is a commissioned officer of any of Her Majesty’s |
| |
| |
(d) | any person in command or charge of any aircraft or hovercraft of the |
| |
Royal Navy, the Army or the Royal Air Force. |
| 35 |
(2) | The carrying out of any functions of a marine enforcement officer by a person |
| |
appointed under this section by the MMO or the Welsh Ministers (a “civilian |
| |
| |
| |
|
| |
| |
marine enforcement officer”) is subject to any limitations specified by the |
| |
MMO or (as the case may be) the Welsh Ministers in relation to that person. |
| |
(3) | Until the coming into force of section 1, any power conferred on the MMO by |
| |
this section is exercisable by the Secretary of State. |
| |
| Any reference in this Chapter to a marine enforcement officer includes a |
| 5 |
reference to any person appointed by the Secretary of State as a marine |
| |
enforcement officer by virtue of this subsection. |
| |
230 | Enforcement of marine licensing regime |
| |
(1) | For the purposes of enforcing Part 4 of this Act, a marine enforcement officer |
| |
| 10 |
(a) | the common enforcement powers conferred by this Act; |
| |
(b) | the power conferred by section 257. |
| |
| This is subject to subsection (2). |
| |
(2) | A marine enforcement officer does not have the powers referred to in |
| |
subsection (1) for the purposes of enforcing Part 4 of this Act so far as relating |
| 15 |
| |
(a) | any activity in Wales or the Welsh inshore region concerning or arising |
| |
from the exploration for, or production of, petroleum; |
| |
(b) | anything done in the course of taking installation abandonment |
| |
measures in any other part of the relevant enforcement area. |
| 20 |
(3) | Subject to subsection (8), the powers which a marine enforcement officer has |
| |
for the purposes of enforcing Part 4 of this Act may be exercised— |
| |
(a) | in the relevant enforcement area (and in relation to any vessel, aircraft |
| |
or marine structure in that area); |
| |
(b) | in relation to any vessel or marine structure outside the UK marine area |
| 25 |
which was loaded within the relevant enforcement area; |
| |
(c) | in relation to any British vessel, British aircraft or British marine |
| |
structure outside the UK marine area; |
| |
(d) | in Scotland or the Scottish inshore region, in relation to an offence |
| |
which the officer reasonably believes has been committed— |
| 30 |
(i) | within the relevant enforcement area, or |
| |
(ii) | outside the UK marine area and in circumstances where a |
| |
vessel, aircraft or marine structure referred to in paragraph (b) |
| |
or (c) was involved in the commission of the offence; |
| |
(e) | in relation to any vessel, aircraft or marine structure in the Scottish |
| 35 |
offshore region which has been pursued there in accordance with |
| |
| |
(4) | A vessel, aircraft or marine structure is pursued in accordance with this |
| |
| |
(a) | immediately before the pursuit of the vessel, aircraft or structure |
| 40 |
commences, the vessel, aircraft or structure is in the relevant |
| |
| |
(b) | before the pursuit of the vessel, aircraft or structure commences, a |
| |
signal is given for it to stop, and |
| |
(c) | the pursuit of the vessel, aircraft or structure is not interrupted. |
| 45 |
(5) | The signal referred to in subsection (4)(b) must be given in such a way as to be |
| |
audible or visible from the vessel, aircraft or structure in question. |
| |
| |
| |
|
| |
| |
(6) | For the purposes of subsection (4)(c), pursuit is not interrupted by reason only |
| |
| |
(a) | the method of carrying out the pursuit, or |
| |
(b) | the identity of the vessel or aircraft carrying out the pursuit, |
| |
| changes during the course of the pursuit. |
| 5 |
(7) | Nothing in this section affects any right of hot pursuit which a marine |
| |
enforcement officer may have under international law. |
| |
(8) | The powers which a civilian marine enforcement officer has for the purposes |
| |
of enforcing Part 4 of this Act may not be exercised in relation to any British |
| |
| 10 |
| |
“installation abandonment measures” means any measures taken in |
| |
connection with the abandonment of— |
| |
(a) | an offshore installation or submarine pipeline, within the |
| |
meaning of Part 4 of the Petroleum Act 1998 (c. 17), or |
| 15 |
(b) | a carbon storage installation, within the meaning of section 30 |
| |
of the Energy Act 2008 (c. 32), |
| |
whether or not the measures are taken in pursuance of an |
| |
| |
“abandonment programme” means— |
| 20 |
(a) | an abandonment programme under Part 4 of the Petroleum Act |
| |
| |
(b) | an abandonment programme under that Part, as it applies by |
| |
virtue of section 30 of the Energy Act 2008; |
| |
“the relevant enforcement area” means the area that consists of— |
| 25 |
(a) | England and Wales and Northern Ireland, and |
| |
(b) | the UK marine licensing area, excluding the Scottish offshore |
| |
| |
(10) | Any term used in this section and in Part 4 of this Act has the same meaning in |
| |
this section as it has in that Part. |
| 30 |
231 | Enforcement of nature conservation legislation |
| |
(1) | For the purposes of enforcing the nature conservation legislation, a marine |
| |
enforcement officer has the common enforcement powers conferred by this |
| |
| |
(2) | In this section “the nature conservation legislation” means— |
| 35 |
(a) | sections 1 and 2 of the Conservation of Seals Act 1970 (c. 30), and any |
| |
orders made under section 3 of that Act; |
| |
(b) | sections 1, 5 to 7, 9, 11, 13, 14 and 14ZA of the Wildlife and Countryside |
| |
| |
(c) | regulations 37C, 39, 41 and 43 of the Conservation (Natural Habitats, |
| 40 |
&c) Regulations 1994 (S.I. 1994/2716); |
| |
(d) | any byelaws or orders made by virtue of regulation 28 or 36 of those |
| |
| |
(e) | the Offshore Marine Conservation (Natural Habitats, &c) Regulations |
| |
| 45 |
(f) | any byelaws made under section 129 or 132 of this Act; |
| |
| |
| |
|
| |
| |
(g) | any orders made under section 134 or 136 of this Act; |
| |
(h) | section 140 of this Act. |
| |
(3) | Subject to subsections (8) and (9), the powers which a marine enforcement |
| |
officer has for the purposes of enforcing the nature conservation legislation |
| |
| 5 |
(a) | in the relevant enforcement area (and in relation to any vessel, aircraft |
| |
or marine installation in that area); |
| |
(b) | in relation to any British vessel or British marine installation outside the |
| |
| |
(c) | in Scotland or Northern Ireland, or the Scottish or Northern Ireland |
| 10 |
inshore region, in relation to an offence which the officer reasonably |
| |
believes has been committed— |
| |
(i) | within the relevant enforcement area, or |
| |
(ii) | outside the UK marine area and in circumstances where a |
| |
British vessel or British marine installation was involved in the |
| 15 |
commission of the offence; |
| |
(d) | in relation to any vessel, aircraft or marine installation in the Scottish |
| |
offshore region which has been pursued there in accordance with |
| |
| |
(4) | A vessel, aircraft or marine installation is pursued in accordance with this |
| 20 |
| |
(a) | immediately before the pursuit of the vessel, aircraft or installation |
| |
commences, the vessel, aircraft or installation is in the relevant |
| |
| |
(b) | before the pursuit of the vessel, aircraft or installation commences, a |
| 25 |
signal is given for it to stop, and |
| |
(c) | the pursuit of the vessel, aircraft or installation is not interrupted. |
| |
(5) | The signal referred to in subsection (4)(b) must be given in such a way as to be |
| |
audible or visible from the vessel, aircraft or installation in question. |
| |
(6) | For the purposes of subsection (4)(c), pursuit is not interrupted by reason only |
| 30 |
| |
(a) | the method of carrying out the pursuit, or |
| |
(b) | the identity of the vessel or aircraft carrying out the pursuit, |
| |
| changes during the course of the pursuit. |
| |
(7) | Nothing in this section affects any right of hot pursuit which a marine |
| 35 |
enforcement officer may have under international law. |
| |
(8) | The powers which a civilian marine enforcement officer has for the purposes |
| |
of enforcing the nature conservation legislation may not be exercised in |
| |
relation to any British warship. |
| |
(9) | The powers which a marine enforcement officer has for the purposes of |
| 40 |
enforcing the nature conservation legislation may not be exercised in relation |
| |
to any vessel within subsection (10) unless— |
| |
(a) | in the case of a third country vessel, other than a vessel falling within |
| |
paragraph (b) or (c) of that subsection, the United Kingdom is entitled |
| |
under international law to exercise those powers without the consent of |
| 45 |
| |
(b) | the Commissioners have given authority to exercise those powers. |
| |
| |
| |
|
| |
| |
| |
(a) | a third country vessel; |
| |
(b) | a warship that is being used by the government of a State other than the |
| |
| |
(c) | any other vessel that is being used by such a government for any non- |
| 5 |
| |
(11) | The Commissioners may give authority under subsection (9)(b) only if the flag |
| |
state has consented to the United Kingdom exercising those powers (whether |
| |
generally or in relation to the vessel in question). |
| |
(12) | In giving such authority, the Commissioners must impose such conditions or |
| 10 |
limitations on the exercise of the powers as are necessary to give effect to any |
| |
conditions or limitations imposed by the flag state. |
| |
| |
“British vessel” means any vessel which— |
| |
(a) | is registered in the United Kingdom under Part 2 of the |
| 15 |
Merchant Shipping Act 1995 (c. 21), |
| |
(b) | is, as a Government ship, registered in the United Kingdom in |
| |
pursuance of an Order in Council under section 308 of that Act, |
| |
(c) | falls within section 1(1)(d) of that Act (small ships), |
| |
(d) | is exempt from registration under section 294 of that Act |
| 20 |
(general power to dispense), |
| |
(e) | is a British warship, or |
| |
(f) | is registered under the law of Gibraltar; |
| |
“Government ship” has the same meaning as in the Merchant Shipping |
| |
| 25 |
“the relevant enforcement area” means the area that consists of— |
| |
(a) | England and Wales, and |
| |
(b) | the UK marine area, excluding— |
| |
(i) | the Scottish inshore region, |
| |
(ii) | the Scottish offshore region, and |
| 30 |
(iii) | the Northern Ireland inshore region. |
| |
232 | Enforcement of fisheries legislation |
| |
(1) | For the purposes of enforcing the fisheries legislation, a marine enforcement |
| |
| |
(a) | the common enforcement powers conferred by this Act; |
| 35 |
| |
(2) | In this section “the fisheries legislation” means— |
| |
(a) | any enactments relating to sea fishing, including any enactment |
| |
relating to fishing for shellfish, salmon or migratory trout (but see |
| |
| 40 |
(b) | any enforceable EU restrictions and enforceable EU obligations relating |
| |
| |
(3) | “The fisheries legislation” does not include— |
| |
(a) | the Salmon and Freshwater Fisheries Act 1975 (c. 51); |
| |
(b) | the Salmon Act 1986 (c. 62); |
| 45 |
| |
| |
|
| |
| |
(c) | byelaws made by the Environment Agency under Schedule 25 to the |
| |
Water Resources Act 1991 (c. 57); |
| |
(d) | the Scotland Act 1998 (Border Rivers) Order 1999 (S.I. 1999/1746); |
| |
(e) | byelaws made by an inshore fisheries and conservation authority |
| |
| 5 |
(4) | Subject to subsection (9), the powers which a marine enforcement officer has |
| |
for the purposes of enforcing the fisheries legislation may be exercised— |
| |
(a) | in the relevant enforcement area (and in relation to any vessel, aircraft |
| |
or marine installation in that area); |
| |
(b) | in relation to any vessel, vehicle, aircraft or marine installation in any |
| 10 |
other area within the United Kingdom or the UK marine area which has |
| |
been pursued there in accordance with subsection (5); |
| |
(c) | in relation to any relevant British fishing boat in the Scottish zone or the |
| |
| |
(d) | in relation to any British vessel or British marine installation outside |
| 15 |
British fishery limits, other than a Scottish or Northern Ireland fishing |
| |
| |
(5) | A vessel, vehicle, aircraft or marine installation is pursued in accordance with |
| |
| |
(a) | immediately before the pursuit of the vessel, vehicle, aircraft or |
| 20 |
| |
(i) | the vessel, vehicle, aircraft or installation is in the relevant |
| |
| |
(ii) | in the case of a vessel, aircraft or marine installation operating |
| |
together with one or more other vessels, aircraft or marine |
| 25 |
installations to carry out a single activity, any of those vessels, |
| |
aircraft or installations is in that area, |
| |
(b) | before the pursuit of the vessel, vehicle, aircraft or installation |
| |
commences, a signal is given for it to stop, and |
| |
(c) | the pursuit of the vessel, vehicle, aircraft or installation is not |
| 30 |
| |
(6) | The signal referred to in subsection (5)(b) must be given in such a way as to be |
| |
audible or visible from the vessel, vehicle, aircraft or installation in question. |
| |
(7) | For the purposes of subsection (5)(c), pursuit is not interrupted by reason only |
| |
| 35 |
(a) | the method of carrying out the pursuit, or |
| |
(b) | the identity of the vessel, vehicle or aircraft carrying out the pursuit, |
| |
| changes during the course of the pursuit. |
| |
(8) | Nothing in this section affects any right of hot pursuit which a marine |
| |
enforcement officer may have under international law. |
| 40 |
(9) | The powers which a civilian marine enforcement officer has for the purposes |
| |
of enforcing the fisheries legislation may not be exercised in relation to any |
| |
| |
| |
“British vessel” means any vessel which— |
| 45 |
(a) | is registered in the United Kingdom under Part 2 of the |
| |
Merchant Shipping Act 1995 (c. 21), |
| |
| |
| |
|
| |
| |
(b) | is wholly owned by persons qualified to own British ships for |
| |
the purposes of that Part, |
| |
(c) | is, as a Government ship, registered in the United Kingdom in |
| |
pursuance of an Order in Council under section 308 of that Act, |
| |
| 5 |
(d) | is a British warship; |
| |
“enforceable EU obligation” means an obligation to which section 2(1) of |
| |
the European Communities Act 1972 (c. 68) applies; |
| |
“enforceable EU restriction” means a restriction to which section 2(1) of |
| |
| 10 |
“Government ship” has the same meaning as in the Merchant Shipping |
| |
| |
“relevant British fishing boat” means a fishing boat, other than a Scottish |
| |
or Northern Ireland fishing boat, which— |
| |
(a) | is registered in the United Kingdom under Part 2 of the |
| 15 |
Merchant Shipping Act 1995, or |
| |
(b) | is wholly owned by persons qualified to own British ships for |
| |
the purposes of that Part; |
| |
“the relevant enforcement area” means the area that consists of— |
| |
(a) | England and Wales, and |
| 20 |
(b) | the sea within British fishery limits, excluding the Scottish zone |
| |
and the Northern Ireland zone. |
| |
233 | Marine enforcement officers as British sea-fishery officers |
| |
(1) | Section 7 of the Sea Fisheries Act 1968 (c. 77) (sea-fishery officers) is amended |
| |
| 25 |
| |
(a) | after paragraph (c) insert— |
| |
“(ca) | persons appointed as marine enforcement officers |
| |
under section 229 of the Marine and Coastal Access Act |
| |
| 30 |
(b) | in paragraph (d), omit “of the Secretary of State or”. |
| |
(3) | After subsection (1) insert— |
| |
“(1A) | A person falling within paragraph (b), (c) or (ca) of subsection (1) above |
| |
may not exercise the powers or perform the duties of a British sea- |
| |
fishery officer in any case where the person may, in the person’s |
| 35 |
capacity as a marine enforcement officer, exercise the common |
| |
enforcement powers conferred by the Marine and Coastal Access Act |
| |
2009 (see Chapter 1 of Part 8 of that Act).” |
| |
(4) | In subsection (5) (definition of “the appropriate Minister”), omit paragraph (a). |
| |
Other enforcement officers |
| 40 |
234 | Marine licensing: oil and gas and other reserved matters |
| |
(1) | The Secretary of State may appoint persons for the purposes of enforcing Part |
| |
4 of this Act, so far as relating to— |
| |
| |
| |
|
