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 2 — Common enforcement powers
160

244
Dwellings
(1)
An enforcement officer may not by virtue of section 241, 242 or 243 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
5
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.
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(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;
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(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.
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(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;
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(c)
in relation to Scotland, a sheriff, stipendiary magistrate or justice of the
peace.
245
Powers of search, examination, etc
(1)
Where an enforcement officer is exercising a power of inspection conferred by
section 241, 242 or 243, the officer may—
30
(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
35
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.
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(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.
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Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 2 — Common enforcement powers
161

(6)
Where an enforcement officer is exercising a power of inspection conferred by
section 241, 242 or 243, 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.
5
(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.
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(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
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(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—
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(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.
246
Power to require production of documents, etc
(1)
This section applies where an enforcement officer is exercising a power of
25
inspection conferred by section 241, 242 or 243.
(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.
(3)
A reference in this section to the production of a document includes a reference
to the production of—
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(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.
(4)
For the purposes of this section—
(a)
information is recorded in hard copy form if it is recorded in a paper
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copy or similar form capable of being read (and references to hard copy
have a corresponding meaning);
(b)
information can be read only if—
(i)
it can be read with the naked eye, or
(ii)
to the extent that it consists of images (for example
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photographs, pictures, maps, plans or drawings), it can be seen
with the naked eye.

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

247
Powers of seizure, etc
(1)
An enforcement officer who is exercising a power of inspection conferred by
section 241, 242 or 243 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
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relevant premises.
(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
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in accordance with a requirement imposed under section 246 may—
(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 246(3).
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(4)
The powers conferred by this section may only be exercised—
(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.
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(5)
Subject to subsection (6), an enforcement officer who is exercising a power of
inspection conferred by section 241, 242 or 243 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
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detained in a port.
(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
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(b)
an item in respect of which a claim to confidentiality of
communications could be maintained in legal proceedings in Scotland.
248
Further provision about seizure
(1)
Where—
(a)
any items which an enforcement officer wishes to seize and remove are
35
in a container, and
(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 247 includes
power to seize and remove the container.
40
(2)
Where—
(a)
any items which an enforcement officer wishes to seize and remove are
not in a container, and

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 2 — Common enforcement powers
163

(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,

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
5
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
(b)
where the officer is exercising a power of inspection conferred by
section 241, 242 or 243, any person in or on the relevant premises,
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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
section 241, 242 or 243, the officer may require any person in or on the relevant
premises to afford such facilities and assistance with respect to matters under
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that person’s control as the officer considers would facilitate the exercise of any
power conferred by section 247 or this section.
(5)
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
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control as the officer considers would facilitate the exercise in relation to that
person of any power conferred by section 247 or this section.
(6)
In section 66 of the Criminal Justice and Police Act 2001 (c. 16) (general
interpretation of Part 2) in subsection (1)—
(a)
before the definition of “premises” insert—
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““marine installation” has the meaning given by section
257 of the Marine and Coastal Access Act 2009;”;
(b)
in the definition of “premises”, after “offshore installation” insert “or
other marine installation”.
(7)
In Part 1 of Schedule 1 to that Act (powers of seizure to which section 50
30
applies), after paragraph 73K insert—
“Marine and Coastal Access Act 2009 (c. 00)
73L
Each of the powers of seizure conferred by section 247(1) and (3) of
the Marine and Coastal Access Act 2009.”
249
Retention of seized items
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(1)
This section applies to any item seized in the exercise of a power conferred by
section 247.
(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
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(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.