Marine and Coastal Access Bill [HL]

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Marine and Coastal Access Bill [HL]

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 4 — Fisheries enforcement powers
178

Supplementary
279
Service of notices, etc
(1)
Any notice or other thing that is required to be served on or given to a person
under any provision of this Chapter may be served on or given to the person
only by one of the following methods—
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(a)
personal delivery;
(b)
addressing it to the person and leaving it at the appropriate address;
(c)
addressing it to the person and sending it to that address by post.
(2)
“The appropriate address”, in relation to the owner of a vessel that is registered
in any country or territory, means the address given by that register as the
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address of the owner of the vessel.
(3)
In relation to any other person “the appropriate address” means—
(a)
in the case of a body corporate, its registered or principal office in the
United Kingdom;
(b)
in the case of a firm, the principal office of the partnership;
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(c)
in the case of an unincorporated body or association, the principal
office of the body or association;
(d)
in any other case, the person’s usual or last known place of residence in
the United Kingdom or last known place of business in the United
Kingdom.
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(4)
In the case of—
(a)
a company registered outside the United Kingdom,
(b)
a firm carrying on business outside the United Kingdom, or
(c)
an unincorporated body or association with offices outside the United
Kingdom,
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the references in subsection (3) to its principal office include references to its
principal office within the United Kingdom (if any).
280
Conclusion of proceedings
(1)
This section applies for determining when any proceedings have concluded for
the purposes of this Chapter.
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(2)
Where proceedings are terminated by an appealable decision, they are not to
be regarded as concluded—
(a)
until the end of the ordinary time for appeal against the decision, if no
appeal in respect of the decision is brought within that time, or
(b)
if an appeal in respect of the decision is brought within that time, until
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the conclusion of the appeal.
(3)
Subsection (2) applies for determining, for the purposes of paragraph (b) of
that subsection, when proceedings on an appeal are concluded as it applies for
determining when the original proceedings are concluded.
(4)
Any reference in subsection (2) to a decision which terminates proceedings
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includes a reference to a verdict, sentence, finding or order that puts an end to
the proceedings.

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 5 — Common enforcement provisions
179

(5)
An appealable decision is a decision of a description against which an appeal
will lie, whether by way of case stated or otherwise and whether with or
without permission.
(6)
Any reference in this section to an appeal includes a reference to an application
for permission to appeal.
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281
Interpretation of this Chapter
In this Chapter—
“fish” includes shellfish;
“relevant authority” means—
(a)
in relation to the seizure of any object or property by an
10
enforcement officer, the person or body on whose behalf the
officer who seized it was acting;
(b)
in relation to the detention of a vessel by an enforcement officer,
the person or body on whose behalf the officer who detained the
vessel was acting;
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“relevant function”, in relation to an enforcement officer, means any
function of that officer;
“relevant offence”, in relation to an enforcement officer, means any
offence in respect of which the officer has functions;
“shellfish” includes crustaceans and molluscs of any kind;
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“vessel” includes any ship or boat or any description of vessel used in
navigation.
Chapter 5
Common enforcement provisions
Introductory
25
282
Meaning of “enforcement officer”
In this Chapter “enforcement officer” means a person who has any powers
conferred by this Part, other than a person who has such powers only by virtue
of section 254(2) (persons assisting enforcement officers).
Duties of enforcement officers
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283
Duty to provide evidence of authority
(1)
Before exercising any power conferred by this Part, an enforcement officer
must, if requested to do so, produce evidence that the officer is authorised to
exercise that power.
(2)
An enforcement officer may exercise a power conferred by this Part only if the
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officer complies with the duty imposed by subsection (1).
(3)
If, at the time the request is made, the officer does not consider it practicable to
produce the evidence referred to in subsection (1), that subsection does not
apply until such time as the officer considers it practicable to comply with the
request.
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Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 5 — Common enforcement provisions
180

(4)
Nothing in this section applies to a person falling within paragraph (c) or (d)
of section 229(1).
284
Duty to state name and purpose, etc
(1)
Before exercising any power conferred by this Part, an enforcement officer
must, if requested to do so, give the information in subsection (3).
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(2)
Before exercising any power conferred by this Part, any person assisting an
enforcement officer by virtue of section 254 must, if requested to do so, give the
information in paragraphs (b) and (c) of subsection (3).
(3)
The information is—
(a)
the person’s name;
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(b)
the power the person is proposing to exercise;
(c)
the grounds for proposing to do so.
(4)
A person may exercise a power conferred by this Part only if the person
complies with the duty imposed by subsection (1) or the duty imposed by
subsection (2) (as the case may be).
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(5)
If, at the time the request is made, the person does not consider it practicable to
give the information referred to in subsection (1) or the information referred to
in subsection (2) (as the case may be), that subsection does not apply until such
time as the person considers it practicable to comply with the request.
Liability of enforcement officers
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285
Liability of enforcement officers etc
(1)
A person within subsection (2) is not to be liable in any civil or criminal
proceedings for anything done (or omitted to be done) in, or in connection
with, the discharge or purported discharge of the person’s functions under this
Act.
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(2)
The persons are—
(a)
any enforcement officer;
(b)
any person assisting an enforcement officer by virtue of section 254.
(3)
Subsection (1) does not apply—
(a)
if the act or omission is shown to have been in bad faith,
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(b)
if there were no reasonable grounds for the act or omission, or
(c)
so as to prevent an award of damages in respect of the act or omission
on the ground that it was unlawful as a result of section 6(1) of the
Human Rights Act 1998 (c. 42) (acts of public authorities incompatible
with Convention rights).
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Offences in relation to enforcement officers
286
Offences in relation to enforcement officers
(1)
A person is guilty of an offence if—
(a)
the person fails without reasonable excuse to comply with a
requirement reasonably made, or a direction reasonably given, by an
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Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 6 — Miscellaneous and supplementary
181

enforcement officer in the exercise of any power conferred by this Part,
or
(b)
the person prevents any other person from complying with any such
requirement or direction.
(2)
A person is not guilty of an offence by reason of a failure to comply with a
5
requirement made under subsection (1) of section 251 if the person complies
with subsection (2) of that section.
(3)
A person who provides information in pursuance of a requirement reasonably
made by an enforcement officer in the exercise of the power conferred by
section 257 is guilty of an offence if—
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(a)
the information is false in a material particular, and the person knows
that it is or is reckless as to whether it is, or
(b)
the person intentionally fails to disclose any material particular.
(4)
A person who intentionally obstructs an enforcement officer in the
performance of any of the officer’s functions under this Act is guilty of an
15
offence.
(5)
A person who assaults an enforcement officer in the performance of any of the
officer’s functions under this Act is guilty of an offence.
(6)
A person who, with intent to deceive, falsely pretends to be an enforcement
officer is guilty of an offence.
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(7)
A person who is guilty of an offence under subsection (1), (3) or (6) is liable—
(a)
on summary conviction, to a fine not exceeding the statutory
maximum;
(b)
on conviction on indictment, to a fine.
(8)
A person who is guilty of an offence under subsection (4) is liable on summary
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conviction to a fine not exceeding £20,000.
(9)
A person who is guilty of an offence under subsection (5) is liable on summary
conviction to a fine not exceeding £50,000.
(10)
Proceedings for an offence under this section may be taken, and the offence
may for all incidental purposes be treated as having been committed, in any
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part of the United Kingdom.
(11)
In this section any reference to an enforcement officer includes a reference to a
person assisting an enforcement officer by virtue of section 254.
Chapter 6
Miscellaneous and supplementary
35
Enforcement of Community rules
287
Enforcement of Community rules
(1)
Section 30 of the Fisheries Act 1981 (c. 29) (enforcement of Community rules)
is amended as follows.
(2)
In subsection (1)—
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Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 6 — Miscellaneous and supplementary
182

(a)
after “enforceable Community restrictions” insert “, and enforceable
Community obligations,”;
(b)
for paragraph (a) substitute—
“(a)
if any fishing boat within British fishery limits—
(i)
fishes in contravention of any such restriction, or
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(ii)
fails to comply with any such obligation,

the master, the owner and the charterer (if any) are each
guilty of an offence;”;
(c)
after paragraph (a) insert—
“(aa)
if any English or Welsh fishing boat outside British
10
fishery limits—
(i)
fishes in contravention of any such restriction, or
(ii)
fails to comply with any such obligation,

the master, the owner and the charterer (if any) are each
guilty of an offence;
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(ab)
if any person in England or Wales—
(i)
fishes in contravention of any such restriction, or
(ii)
fails to comply with any such obligation,

that person is guilty of an offence;”;
(d)
in paragraph (b), for “such offences” substitute “offences under
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paragraph (a), (aa) or (ab) of this subsection”;
(e)
in paragraph (c), after “restrictions” insert “and obligations”.
(3)
After subsection (2) insert—
“(2ZA)
The provision that may be made by an order made under subsection (2)
by the Secretary of State includes—
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(a)
provision applying to English or Welsh fishing boats outside
British fishery limits;
(b)
provision applying to persons of a specified description on
board any fishing boat, other than a Scottish or Northern
Ireland fishing boat, outside British fishery limits.
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In this subsection “specified” means specified in the order.”
(4)
After subsection (2A) insert—
“(2B)
Her Majesty may by Order in Council provide for subsection (1) or (2)
above to apply, with or without modifications, to any fishing boat
within subsection (2C) below that is outside British fishery limits as it
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applies to any English or Welsh fishing boat outside those limits.
(2C)
A fishing boat is within this subsection if—
(a)
it is registered under the law of the Isle of Man or any of the
Channel Islands; or
(b)
it is wholly owned by persons qualified for the purposes of the
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law relating to the registration of vessels in the Isle of Man or
any of the Channel Islands to own fishing vessels which are
entitled to be registered as such under that law.”
(5)
In subsection (3), insert at the appropriate places the following definitions—
““English fishing boat” means—
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(a)
a fishing boat which is registered in the United
Kingdom under Part 2 of the Merchant Shipping Act

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 6 — Miscellaneous and supplementary
183

1995 and whose entry in the register specifies a port in
England as the port to which the boat is to be treated as
belonging; or
(b)
a fishing boat which is wholly owned by persons
qualified to own British ships for the purposes of that
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Part, other than—
(i)
a Welsh, Scottish or Northern Ireland fishing
boat,
(ii)
a fishing boat within subsection (2C) above, or
(iii)
a fishing boat registered in any country or
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territory other than the United Kingdom, the Isle
of Man or any of the Channel Islands;”;
““Northern Ireland 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
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port in Northern Ireland as the port to which the boat is to be
treated as belonging;”;
““Scottish fishing boat” means a fishing boat which is registered in
the United Kingdom under Part 2 of that Act and whose entry
in the register specifies a port in Scotland as the port to which
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the boat is to be treated as belonging;”;
““Welsh fishing boat” means a fishing boat which is registered in
the United Kingdom under Part 2 of that Act and whose entry
in the register specifies a port in Wales as the port to which the
boat is to be treated as belonging.”
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Administrative penalty schemes
288
Administrative penalty schemes
(1)
The appropriate national authority for any area may by order make provision
to confer on any enforcement authority for that area the power to issue penalty
notices for offences within subsection (2).
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(2)
The offences referred to in subsection (1) are offences relating to sea fishing,
other than—
(a)
an offence under section 30 of the Fisheries Act 1981 (c. 29) or any order
made under that section;
(b)
an offence under regulations made under section 2(2) of the European
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Communities Act 1972 (c. 68).
(3)
A penalty notice is a notice offering the opportunity, by payment of a specified
sum of money, to discharge any liability to be convicted of the offence to which
the notice relates.
(4)
The provision that may be made by an order under subsection (1) includes—
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(a)
provision prescribing the offences in relation to which penalty notices
may be issued;
(b)
provision as to circumstances in which penalty notices may be issued;
(c)
provision as to the content and form of penalty notices;
(d)
provision as to how the amount of any penalty that may be specified in
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a penalty notice is to be determined;

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 6 — Miscellaneous and supplementary
184

(e)
provision for the issuing of guidance by the appropriate national
authority as to matters to be taken into account when making such a
determination;
(f)
provision prescribing the minimum or maximum amount of any
penalty;
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(g)
provision about the payment of penalties, including provision as to the
period within which any penalty must be paid;
(h)
provision for and in connection with the withdrawal of penalty notices;
(i)
provision as to circumstances in which proceedings for an offence may
be commenced after the payment of a penalty in relation to that offence.
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(5)
An order under subsection (1) may apply in relation to—
(a)
England;
(b)
Wales;
(c)
any vessels in waters within British fishery limits, other than—
(i)
the Scottish zone,
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(ii)
the Northern Ireland zone, and
(iii)
the territorial sea adjacent to the Isle of Man, Jersey and
Guernsey;
(d)
any English or Welsh fishing boats, wherever they may be.
(6)
Her Majesty may by Order in Council provide for this section to apply, with or
20
without modifications, to any fishing boat within subsection (7) that is outside
British fishery limits as it applies to any English or Welsh fishing boat outside
those limits.
(7)
A fishing boat is within this subsection if—
(a)
it is registered under the law of the Isle of Man or any of the Channel
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Islands, or
(b)
it is wholly owned by persons qualified for the purposes of the law
relating to the registration of vessels in the Isle of Man or any of the
Channel Islands to own fishing vessels which are entitled to be
registered as such under that law.
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(8)
In this section—
“appropriate national authority” means—
(a)
in relation to Wales or vessels within the Welsh zone, the Welsh
Ministers;
(b)
in relation to England or vessels outside the Welsh zone, the
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Secretary of State;
“enforcement authority” means, in relation to any area, any authority
which has a function (whether or not statutory) of taking any action
with a view to or in connection with the imposition of any sanction,
criminal or otherwise, in a case where an offence within subsection (2)
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is committed in that area;
“England” includes the English inshore region;
“English fishing boat” means—
(a)
a fishing boat which is registered in the United Kingdom under
Part 2 of the Merchant Shipping Act 1995 (c. 21) and whose
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entry in the register specifies a port in England as the port to
which the boat is to be treated as belonging, or
(b)
a fishing boat which is wholly owned by persons qualified to
own British ships for the purposes of that Part, other than—