Marine and Coastal Access Bill [HL]

House of Commons

Session 2008 - 09
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Marine and Coastal Access Bill [HL]

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 2 — Common enforcement powers
158

(a)
enter and inspect any vehicle;
(b)
stop and detain any vehicle for the purposes of entering and inspecting
it.

This is subject to section 243 (which provides that a warrant is necessary to
enter a dwelling).
5
(2)
Where—
(a)
an enforcement officer has stopped a vehicle under this section, and
(b)
the officer considers that it would be impracticable to inspect the
vehicle in the place where it has stopped,

the officer may require the vehicle to be taken to such place as the officer directs
10
to enable the vehicle to be inspected.
(3)
An enforcement officer may require—
(a)
any person travelling in a vehicle, or
(b)
the registered keeper of a vehicle,

to afford such facilities and assistance with respect to matters under that
15
person’s control as the officer considers would facilitate the exercise of any
power conferred by this section.
(4)
The powers conferred by this section may be exercised in any place (whether
or not it is a place to which the public has access).
(5)
In this section “vehicle” does not include any vessel.
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243
Dwellings
(1)
An enforcement officer may not by virtue of section 240, 241 or 242 enter any
dwelling unless a justice has issued a warrant authorising the officer to enter
the dwelling.
(2)
A justice may only issue such a warrant if, on an application by the officer, the
25
justice is satisfied—
(a)
that the officer has reasonable grounds for believing that there is
material in the dwelling which for the purposes of carrying out any
relevant functions the officer wishes to inspect, examine or seize, and
(b)
that any of the conditions in subsection (3) is satisfied.
30
(3)
The conditions are—
(a)
that it is not practicable to communicate with any person entitled to
grant entry to the dwelling;
(b)
that it is not practicable to communicate with any person entitled to
grant access to that material;
35
(c)
that entry to the dwelling is unlikely to be granted unless a warrant is
produced;
(d)
that the purpose of entry may be frustrated or seriously prejudiced
unless an enforcement officer arriving at the dwelling can secure
immediate entry to it.
40
(4)
Schedule 17 contains further provision about warrants issued under this
section.
(5)
In this Chapter “justice” means—
(a)
in relation to England and Wales, a justice of the peace;
(b)
in relation to Northern Ireland, a lay magistrate;
45

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 2 — Common enforcement powers
159

(c)
in relation to Scotland, a sheriff, stipendiary magistrate or justice of the
peace.
244
Powers of search, examination, etc
(1)
Where an enforcement officer is exercising a power of inspection conferred by
section 240, 241 or 242, the officer may—
5
(a)
search the relevant premises for any item;
(b)
examine anything that is in or on the relevant premises.
(2)
Where an enforcement officer reasonably believes that a person is or has been
carrying on a relevant activity, the officer may—
(a)
search or examine anything which appears to be in the person’s
10
possession or control;
(b)
stop and detain the person for the purposes of such a search or
examination.
(3)
An enforcement officer may carry out any measurement or test of anything
which the officer has power under this section to examine.
15
(4)
The power conferred by subsection (3) includes power to take a sample from
any live animal or plant.
(5)
For the purpose of exercising any power conferred by this section, an
enforcement officer may, so far as is reasonably necessary for that purpose,
break open any container or other locked thing.
20
(6)
Where an enforcement officer is exercising a power of inspection conferred by
section 240, 241 or 242, the officer may require any person in or on the relevant
premises 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.
25
(7)
Where an enforcement officer reasonably believes that a person is or has been
carrying on a relevant activity, the officer may require that person to afford
such facilities and assistance with respect to matters under that person’s
control as the officer considers would facilitate the exercise in relation to that
person of any power conferred by this section.
30
(8)
Nothing in this section confers any power to search a person.
(9)
The reference in subsection (1) to anything that is in or on the relevant premises
includes a reference to—
(a)
anything that is attached to or otherwise forms part of the relevant
premises, and
35
(b)
anything that is controlled from the relevant premises.
(10)
In this section—
“animal” includes any egg, larva, pupa, or other immature stage of an
animal;
“item” includes—
40
(a)
any document or record (in whatever form it is held);
(b)
any animal or plant;
“sample” means a sample of blood, tissue or other biological material.

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 2 — Common enforcement powers
160

245
Power to require production of documents, etc
(1)
This section applies where an enforcement officer is exercising a power of
inspection conferred by section 240, 241 or 242.
(2)
The officer may require any person in or on the relevant premises to produce
any document or record that is in the person’s possession or control.
5
(3)
A reference in this section to the production of a document includes a reference
to the production of—
(a)
a hard copy of information recorded otherwise than in hard copy form,
or
(b)
information in a form from which a hard copy can be readily obtained.
10
(4)
For the purposes of this section—
(a)
information is recorded in hard copy form if it is recorded in a paper
copy or similar form capable of being read (and references to hard copy
have a corresponding meaning);
(b)
information can be read only if—
15
(i)
it can be read with the naked eye, or
(ii)
to the extent that it consists of images (for example
photographs, pictures, maps, plans or drawings), it can be seen
with the naked eye.
246
Powers of seizure, etc
20
(1)
An enforcement officer who is exercising a power of inspection conferred by
section 240, 241 or 242 may—
(a)
seize and detain or remove any item found on the relevant premises;
(b)
take copies of or extracts from any document or record found on the
relevant premises.
25
(2)
Where an enforcement officer reasonably believes that a person is or has been
carrying on a relevant activity, the officer may seize and detain or remove any
item which appears to be in the person’s possession or control.
(3)
An enforcement officer to whom any document or record has been produced
in accordance with a requirement imposed under section 245 may—
30
(a)
seize and detain or remove that document or record;
(b)
take copies of or extracts from that document or record.

In this subsection “document” includes anything falling within paragraph (a)
or (b) of section 245(3).
(4)
The powers conferred by this section may only be exercised—
35
(a)
for the purposes of determining whether a relevant offence has been
committed, or
(b)
in relation to an item which an enforcement officer reasonably believes
to be evidence of the commission of a relevant offence.
(5)
Subject to subsection (6), an enforcement officer who is exercising a power of
40
inspection conferred by section 240, 241 or 242 may not remove from the
relevant premises any item which is required by law to be kept on the relevant
premises.
(6)
An enforcement officer may remove such an item from a vessel while it is being
detained in a port.
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Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 2 — Common enforcement powers
161

(7)
Nothing in this section confers power on an enforcement officer to seize an
item which the officer has reasonable grounds for believing to be—
(a)
an item subject to legal privilege (within the meaning of the Police and
Criminal Evidence Act 1984 (c. 60)), or
(b)
an item in respect of which a claim to confidentiality of
5
communications could be maintained in legal proceedings in Scotland.
247
Further provision about seizure
(1)
Where—
(a)
any items which an enforcement officer wishes to seize and remove are
in a container, and
10
(b)
the officer reasonably considers that it would facilitate the seizure and
removal of the items if they remained in the container for that purpose,

any power to seize and remove the items conferred by section 246 includes
power to seize and remove the container.
(2)
Where—
15
(a)
any items which an enforcement officer wishes to seize and remove are
not in a container, and
(b)
the officer reasonably considers that it would facilitate the seizure and
removal of the items if they were placed in a container suitable for that
purpose,
20

the officer may require the items to be placed into such a container.
(3)
If, in the opinion of an enforcement officer, it is not for the time being
practicable for the officer to seize and remove any item, the officer may
require—
(a)
the person from whom the item is being seized, or
25
(b)
where the officer is exercising a power of inspection conferred by
section 240, 241 or 242, any person in or on the relevant premises,

to secure that the item is not removed or otherwise interfered with until such
time as the officer may seize and remove it.
(4)
Where an enforcement officer is exercising a power of inspection conferred by
30
section 240, 241 or 242, the officer may require any person in or on the relevant
premises 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 section 246 or this section.
(5)
Where an enforcement officer reasonably believes that a person is or has been
35
carrying on a relevant activity, the officer may require that person to afford
such facilities and assistance with respect to matters under that person’s
control as the officer considers would facilitate the exercise in relation to that
person of any power conferred by section 246 or this section.
(6)
In section 66 of the Criminal Justice and Police Act 2001 (c. 16) (general
40
interpretation of Part 2) in subsection (1)—
(a)
before the definition of “premises” insert—
““marine installation” has the meaning given by section
256 of the Marine and Coastal Access Act 2009;”;
(b)
in the definition of “premises”, after “offshore installation” insert “or
45
other marine installation”.
(7)
In Part 1 of Schedule 1 to that Act (powers of seizure to which section 50

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 2 — Common enforcement powers
162

applies), after paragraph 73K insert—
“Marine and Coastal Access Act 2009 (c. 00)
73L
Each of the powers of seizure conferred by section 246(1) and (3) of
the Marine and Coastal Access Act 2009.”
248
Retention of seized items
5
(1)
This section applies to any item seized in the exercise of a power conferred by
section 246.
(2)
The item may be retained so long as is necessary in all the circumstances and
in particular—
(a)
for use as evidence at a trial for a relevant offence, or
10
(b)
for forensic examination or for investigation in connection with a
relevant offence.
(3)
No item may be retained for either of the purposes mentioned in subsection (2)
if a photograph or a copy would be sufficient for that purpose.
Miscellaneous and ancillary powers
15
249
Power to record evidence of offences
(1)
An enforcement officer may use any device for the purpose of taking visual
images of anything which the officer believes is evidence of the commission of
a relevant offence.
(2)
The power conferred by this section is exercisable in relation to—
20
(a)
anything that is in or on,
(b)
anything that is attached to or otherwise forms part of, or
(c)
anything that is controlled from,

any vessel, marine installation, premises or vehicle.
(3)
The officer may require any person in or on the vessel, marine installation,
25
premises or vehicle to afford such facilities and assistance with respect to
matters under that person’s control as the officer considers would facilitate the
exercise of the power conferred by this section.
250
Power to require name and address
Where an enforcement officer reasonably believes that a person has committed
30
a relevant offence, the officer may require the person to provide the person’s
name and address.
251
Power to require production of licence, etc
(1)
Where an enforcement officer reasonably believes—
(a)
that a person is or has been carrying on a relevant activity, and
35
(b)
that the person requires a licence or other authority to carry on that
activity,

the officer may require the person to produce that licence or other authority.

Marine and Coastal Access Bill [HL]
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Chapter 2 — Common enforcement powers
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(2)
If the person is unable to produce the licence or other authority when required
to do so, the person must produce it at such place, and within such period of
time, as the officer may specify.
252
Power to require attendance of certain persons
(1)
This section applies where an enforcement officer has—
5
(a)
boarded a vessel or marine installation, or
(b)
entered any premises.
(2)
For the purposes of carrying out any relevant functions, the officer may require
the attendance of—
(a)
the person who is for the time being in charge of the vessel or marine
10
installation;
(b)
any other person who is on board the vessel or marine installation;
(c)
the owner or occupier of the premises;
(d)
any person who is on the premises.
253
Power to direct vessel or marine installation to port
15
(1)
This section applies where—
(a)
an enforcement officer considers that it would not be reasonably
practicable for the officer to exercise a power which the officer wishes
to exercise in relation to a vessel or marine installation without
detaining the vessel or marine installation in a port, or
20
(b)
an enforcement officer reasonably believes that—
(i)
a vessel or marine installation is itself evidence of the
commission of a relevant offence, and
(ii)
the only reasonably practicable way to preserve that evidence is
to detain the vessel or marine installation in a port.
25
(2)
The officer may—
(a)
take, or arrange for another person to take, the vessel or marine
installation and its crew to the port which appears to the officer to be
the nearest convenient port, or
(b)
require the person who is for the time being in charge of the vessel or
30
marine installation to take it and its crew to that port.
(3)
When the vessel or marine installation has been taken to a port, the officer
may—
(a)
detain it there, or
(b)
require the person for the time being in charge of it to do so.
35
(4)
An enforcement officer who detains any vessel or marine installation under
this section must serve a notice on the person who is for the time being in
charge of it.
(5)
The notice must state that the vessel or marine installation is to be detained
until the notice is withdrawn.
40
(6)
A notice served under subsection (4) may be withdrawn by service of a further
notice signed by an appropriate enforcement officer.
(7)
In subsection (6) the reference to an appropriate enforcement officer is a
reference to any enforcement officer acting on behalf of the same relevant

Marine and Coastal Access Bill [HL]
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Chapter 2 — Common enforcement powers
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authority as the enforcement officer who served the notice under subsection
(4), and includes a reference to that officer.

“Relevant authority” means the person or body on whose behalf the officer
who detained the vessel or marine installation was acting.
254
Assistance etc
5
(1)
To assist in carrying out any relevant functions, an enforcement officer may
bring—
(a)
any other person;
(b)
any equipment or materials.
(2)
A person who is brought by an enforcement officer to provide assistance may
10
exercise any powers conferred by this Act which the officer may exercise, but
only under the supervision or direction of the officer.
255
Power to use reasonable force
(1)
An enforcement officer may use reasonable force, if necessary, in the exercise
of any power conferred by this Act.
15
(2)
A person assisting an enforcement officer under section 254 may use
reasonable force, if necessary, in the exercise of any power conferred by this
Act.
Interpretation
256
Interpretation of this Chapter
20
(1)
In this Chapter—
“common enforcement power” means any power conferred by sections
240 to 255;
“enforcement officer” has the meaning given by section 239;
“item” has the meaning given by section 244(10);
25
“justice” has the meaning given by section 243(5);
“marine installation” means any artificial island, installation or structure
(other than a vessel);
“premises” has the meaning given by section 241(4);
“relevant activity”, “relevant function” and “relevant offence” have the
30
meaning given by section 239;
“the relevant premises”, in relation to an enforcement officer exercising a
power of inspection conferred by section 240, 241 or 242, means the
vessel, marine installation, premises or vehicle in relation to which the
power is being exercised.
35
(2)
In this Chapter any reference to a vessel includes a reference to—
(a)
any ship or boat or any other description of vessel used in navigation,
(b)
any hovercraft, submersible craft or other floating craft, and
(c)
any aircraft,

but does not include a reference to anything that permanently rests on, or is
40
permanently attached to, the sea bed.