|
| |
| |
(a) | any activity in the Scottish offshore region falling within section 113(3) |
| |
(activities relating to certain reserved matters); |
| |
(b) | any activity in Wales or the Welsh inshore region concerning or arising |
| |
from the exploration for, or production of, petroleum; |
| |
(c) | anything done in the course of taking installation abandonment |
| 5 |
measures in any other part of the relevant enforcement area. |
| |
(2) | For the purposes referred to in subsection (1), a person appointed under this |
| |
| |
(a) | the common enforcement powers conferred by this Act; |
| |
(b) | the power conferred by section 257. |
| 10 |
(3) | Subject to subsection (4), the powers which a person appointed under this |
| |
section has for the purposes referred to in subsection (1) 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 |
| 15 |
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 Northern Ireland, or the Scottish or Northern Ireland |
| |
inshore region, in relation to an offence which the person reasonably |
| 20 |
believes has been committed— |
| |
(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. |
| 25 |
(4) | The powers which a person appointed under this section has for the purposes |
| |
referred to in subsection (1) may not be exercised in relation to any British |
| |
| |
(5) | Nothing in this section affects any right of hot pursuit which a person |
| |
appointed under this section may have under international law. |
| 30 |
| |
“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 |
| 35 |
(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— |
| 40 |
(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— |
| 45 |
(a) | England and Wales, and |
| |
(b) | the UK marine licensing area, excluding the Northern Ireland |
| |
| |
| |
| |
|
| |
| |
(7) | 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. |
| |
235 | Marine licensing: Northern Ireland |
| |
(1) | The Department of the Environment in Northern Ireland may appoint persons |
| |
for the purposes of enforcing Part 4 of this Act. |
| 5 |
(2) | For the purposes of enforcing Part 4 of this Act, a person appointed under this |
| |
| |
(a) | the common enforcement powers conferred by this Act; |
| |
(b) | the power conferred by section 257. |
| |
| This is subject to subsection (3). |
| 10 |
(3) | A person appointed under this section does not have the powers referred to in |
| |
subsection (2) for the purposes of enforcing Part 4 of this Act so far as relating |
| |
| |
(a) | any activity in Wales or the Welsh inshore region concerning or arising |
| |
from the exploration for, or production of, petroleum; |
| 15 |
(b) | anything done in the course of taking installation abandonment |
| |
measures in any other part of the relevant enforcement area, other than |
| |
Northern Ireland and the Northern Ireland inshore region. |
| |
(4) | Subject to subsection (9), the powers which a person appointed under this |
| |
section has for the purposes of enforcing Part 4 of this Act may be exercised— |
| 20 |
(a) | in the relevant enforcement area (and in relation to any vessel, aircraft |
| |
or marine structure in that area); |
| |
(b) | in Scotland or the Scottish inshore region, in relation to an offence |
| |
which the person reasonably believes has been committed within the |
| |
relevant enforcement area; |
| 25 |
(c) | in relation to any vessel, aircraft or marine structure in the Scottish |
| |
offshore region which has been pursued there in accordance with |
| |
| |
(5) | A vessel, aircraft or marine structure is pursued in accordance with this |
| |
| 30 |
(a) | immediately before the pursuit of the vessel, aircraft or structure |
| |
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 |
| 35 |
(c) | the pursuit of the vessel, aircraft or structure is not interrupted. |
| |
(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, aircraft or structure in question. |
| |
(7) | For the purposes of subsection (5)(c), pursuit is not interrupted by reason only |
| |
| 40 |
(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. |
| |
(8) | Nothing in this section affects any right of hot pursuit which a person |
| |
appointed under this section may have under international law. |
| 45 |
| |
| |
|
| |
| |
(9) | The powers which a person appointed under this section has for the purposes |
| |
of enforcing Part 4 of this Act may not be exercised in relation to any British |
| |
| |
| |
“installation abandonment measures” means any measures taken in |
| 5 |
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 |
| |
(b) | a carbon storage installation, within the meaning of section 30 |
| |
of the Energy Act 2008 (c. 32), |
| 10 |
whether or not the measures are taken in pursuance of an |
| |
| |
“abandonment programme” means— |
| |
(a) | an abandonment programme under Part 4 of the Petroleum Act |
| |
| 15 |
(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— |
| |
(a) | England and Wales and Northern Ireland, and |
| |
(b) | the UK marine licensing area, excluding the Scottish offshore |
| 20 |
| |
(11) | 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. |
| |
236 | Marine licensing: enforcement in Scottish offshore region |
| |
(1) | The Scottish Ministers may appoint persons for the purposes of enforcing Part |
| 25 |
4 of this Act, except so far as relating to any activity falling within section 113(3) |
| |
(activities relating to certain reserved matters). |
| |
(2) | For the purposes referred to in subsection (1), a person appointed under this |
| |
| |
(a) | the common enforcement powers conferred by this Act; |
| 30 |
(b) | the power conferred by section 257. |
| |
(3) | Subject to subsection (8), the powers which a person appointed under this |
| |
section has for the purposes referred to in subsection (1) may be exercised— |
| |
(a) | in the Scottish offshore region (and in relation to any vessel, aircraft or |
| |
marine structure in that region); |
| 35 |
(b) | in any area within the United Kingdom or the UK inshore region, in |
| |
relation to an offence which the person reasonably believes has been |
| |
committed within the Scottish offshore region; |
| |
(c) | in relation to any vessel, aircraft or marine structure in any other area |
| |
within the UK marine area which has been pursued there in accordance |
| 40 |
| |
(4) | A vessel, aircraft or marine structure is pursued in accordance with this |
| |
| |
(a) | immediately before the pursuit of the vessel, aircraft or structure |
| |
commences, the vessel, aircraft or structure is in the Scottish offshore |
| 45 |
| |
| |
| |
|
| |
| |
(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. |
| |
(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. |
| 5 |
(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. |
| 10 |
(7) | Nothing in this section affects any right of hot pursuit which a person |
| |
appointed under this section may have under international law. |
| |
(8) | The powers which a person appointed under this section has for the purposes |
| |
referred to in subsection (1) may not be exercised in relation to any British |
| |
| 15 |
(9) | In this section “UK inshore region” means the area of sea within the seaward |
| |
limits of the territorial sea adjacent to the United Kingdom. |
| |
(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. |
| |
237 | Enforcement of MCZs in Scottish offshore region |
| 20 |
(1) | The Scottish Ministers may appoint persons for the purposes of enforcing |
| |
| |
(2) | For the purposes of enforcing section 140 of this Act, a person appointed under |
| |
this section has the common enforcement powers conferred by this Act. |
| |
(3) | Subject to subsections (8) and (9), the powers which a person appointed under |
| 25 |
this section has for the purposes of enforcing section 140 of this Act may be |
| |
| |
(a) | in the Scottish offshore region (and in relation to any vessel, aircraft or |
| |
marine installation in that region); |
| |
(b) | in any area within the United Kingdom or the UK inshore region, in |
| 30 |
relation to an offence which the person reasonably believes has been |
| |
committed within the Scottish offshore region; |
| |
(c) | in relation to any vessel, aircraft or marine installation in any other area |
| |
within the UK marine area which has been pursued there in accordance |
| |
| 35 |
(4) | A vessel, aircraft or marine installation is pursued in accordance with this |
| |
| |
(a) | immediately before the pursuit of the vessel, aircraft or installation |
| |
commences, the vessel, aircraft or installation is in the Scottish offshore |
| |
| 40 |
(b) | before the pursuit of the vessel, aircraft or installation commences, a |
| |
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. |
| 45 |
| |
| |
|
| |
| |
(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 person |
| |
appointed under this section may have under international law. |
| |
(8) | The powers which a person appointed under this section has for the purposes |
| |
of enforcing section 140 of this Act may not be exercised in relation to any |
| |
| 10 |
(9) | The powers which a person appointed under this section has for the purposes |
| |
of enforcing section 140 of this Act 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 |
| 15 |
under international law to exercise those powers without the consent of |
| |
| |
(b) | the Commissioners have given authority to exercise those powers. |
| |
| |
(a) | a third country vessel; |
| 20 |
(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- |
| |
| |
(11) | The Commissioners may give authority under subsection (9)(b) only if the flag |
| 25 |
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 |
| |
limitations on the exercise of the powers as are necessary to give effect to any |
| |
conditions or limitations imposed by the flag state. |
| 30 |
(13) | In this section “UK inshore region” means the area of sea within the seaward |
| |
limits of the territorial sea adjacent to the United Kingdom. |
| |
| |
238 | Interpretation of this Chapter |
| |
| 35 |
“British marine installation” means a marine installation owned by or |
| |
leased to an individual residing in, or a body corporate incorporated |
| |
under the law of, any part of the United Kingdom; |
| |
“British warship” means a ship belonging to Her Majesty and forming |
| |
part of Her Majesty’s armed forces; |
| 40 |
“civilian marine enforcement officer” means a person appointed as a |
| |
marine enforcement officer by the MMO or the Welsh Ministers; |
| |
“the Commissioners” means the Commissioners for Her Majesty’s |
| |
| |
| |
| |
|
| |
| |
“fishing boat” means any vessel that is being used for fishing or for any |
| |
activity relating to fishing; |
| |
“flag state”, in relation to a vessel, means the State whose flag the vessel is |
| |
flying or is entitled to fly; |
| |
“marine installation” means any artificial island, installation or structure |
| 5 |
| |
“Northern Ireland fishing boat” means a fishing boat which is registered |
| |
in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 |
| |
(c. 21) and whose entry in the register specifies a port in Northern |
| |
Ireland as the port to which the boat is to be treated as belonging; |
| 10 |
“petroleum” has the same meaning as in Part 3 of the Petroleum Act 1998 |
| |
(c. 17) (see section 28(1) of that Act); |
| |
“Scottish fishing boat” means a fishing boat which is registered in the |
| |
United Kingdom under Part 2 of the Merchant Shipping Act 1995 and |
| |
whose entry in the register specifies a port in Scotland as the port to |
| 15 |
which the boat is to be treated as belonging; |
| |
“third country vessel” means a vessel which— |
| |
(a) | is flying the flag of, or is registered in, any State or territory |
| |
(other than Gibraltar) which is not a member State, and |
| |
(b) | is not registered in a member State. |
| 20 |
(2) | In this Chapter, except where otherwise provided, any reference to a vessel |
| |
| |
(a) | any ship or boat or any other description of vessel used in navigation, |
| |
| |
(b) | any hovercraft, submersible craft or other floating craft, |
| 25 |
| but does not include a reference to anything that permanently rests on, or is |
| |
permanently attached to, the sea bed. |
| |
| |
Common enforcement powers |
| |
| 30 |
239 | Common enforcement powers |
| |
(1) | This Chapter sets out the powers that may be exercised by a person who has |
| |
the common enforcement powers conferred by this Act. |
| |
| |
“enforcement officer” means any person who has the common |
| 35 |
enforcement powers conferred by this Act; |
| |
“relevant activity”, in relation to an enforcement officer, means any |
| |
activity in respect of which the officer has functions; |
| |
“relevant function”, in relation to an enforcement officer, means any |
| |
function of that officer; |
| 40 |
“relevant offence”, in relation to an enforcement officer, means any |
| |
offence in respect of which the officer has functions. |
| |
| |
| |
|
| |
| |
(3) | The powers conferred on an enforcement officer by any section in this Chapter |
| |
are without prejudice to any powers exercisable by the officer apart from that |
| |
| |
Entry, search and seizure |
| |
240 | Power to board and inspect vessels and marine installations |
| 5 |
(1) | For the purposes of carrying out any relevant functions, an enforcement officer |
| |
may at any time board and inspect a vessel or marine installation. |
| |
| This is subject to section 243 (which provides that a warrant is necessary to |
| |
| |
(2) | For the purposes of exercising the power conferred by subsection (1), the |
| 10 |
officer may require a vessel or marine installation— |
| |
| |
(b) | to do anything else that will facilitate the boarding of that or any other |
| |
vessel or marine installation. |
| |
(3) | An enforcement officer who has boarded a vessel or marine installation may, |
| 15 |
for the purposes of disembarking from the vessel or installation, require that or |
| |
any other vessel or marine installation— |
| |
| |
(b) | to do anything else that will enable the officer, and any person |
| |
accompanying the officer, to disembark from the vessel or installation. |
| 20 |
(4) | An enforcement officer may require any person on board a vessel or marine |
| |
installation to afford such facilities and assistance with respect to matters |
| |
under that person’s control as the officer considers would facilitate the exercise |
| |
of any power conferred by this section. |
| |
241 | Power to enter and inspect premises |
| 25 |
(1) | For the purposes of carrying out any relevant functions, an enforcement officer |
| |
may enter and inspect any premises. |
| |
| This is subject to section 243 (which provides that a warrant is necessary to |
| |
| |
(2) | The officer may only exercise the power conferred by this section at a |
| 30 |
reasonable time, unless it appears to the officer that there are grounds for |
| |
suspecting that the purpose of entering the premises may be frustrated if the |
| |
officer seeks to enter at a reasonable time. |
| |
(3) | An enforcement officer may require any person in or on the premises to afford |
| |
such facilities and assistance with respect to matters under that person’s |
| 35 |
control as the officer considers would facilitate the exercise of the power |
| |
conferred by this section. |
| |
(4) | In this section “premises” includes land, but does not include any vehicle, |
| |
vessel or marine installation. |
| |
242 | Power to enter and inspect vehicles |
| 40 |
(1) | For the purposes of carrying out any relevant functions, an enforcement officer |
| |
| |
| |
| |
|
