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Miscellaneous and ancillary powers |
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250 | Power to record evidence of offences |
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(1) | An enforcement officer may use any device for the purpose of taking visual |
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images of anything which the officer believes is evidence of the commission of |
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(2) | The power conferred by this section is exercisable in relation to— |
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(a) | anything that is in or on, |
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(b) | anything that is attached to or otherwise forms part of, or |
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(c) | anything that is controlled from, |
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| any vessel, marine installation, premises or vehicle. |
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(3) | The officer may require any person in or on the vessel, marine installation, |
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premises or vehicle to afford such facilities and assistance with respect to |
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matters under that person’s control as the officer considers would facilitate the |
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exercise of the power conferred by this section. |
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251 | Power to require name and address |
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Where an enforcement officer reasonably believes that a person has committed |
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a relevant offence, the officer may require the person to provide the person’s |
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252 | Power to require production of licence, etc |
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(1) | Where an enforcement officer reasonably believes— |
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(a) | that a person is or has been carrying on a relevant activity, and |
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(b) | that the person requires a licence or other authority to carry on that |
| |
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| the officer may require the person to produce that licence or other authority. |
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(2) | If the person is unable to produce the licence or other authority when required |
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to do so, the person must produce it at such place, and within such period of |
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time, as the officer may specify. |
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253 | Power to require attendance of certain persons |
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(1) | This section applies where an enforcement officer has— |
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(a) | boarded a vessel or marine installation, or |
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(b) | entered any premises. |
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(2) | For the purposes of carrying out any relevant functions, the officer may require |
| |
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(a) | the person who is for the time being in charge of the vessel or marine |
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(b) | any other person who is on board the vessel or marine installation; |
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(c) | the owner or occupier of the premises; |
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(d) | any person who is on the premises. |
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|
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254 | Power to direct vessel or marine installation to port |
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(1) | This section applies where— |
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(a) | an enforcement officer considers that it would not be reasonably |
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practicable for the officer to exercise a power which the officer wishes |
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to exercise in relation to a vessel or marine installation without |
| 5 |
detaining the vessel or marine installation in a port, or |
| |
(b) | an enforcement officer reasonably believes that— |
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(i) | a vessel or marine installation is itself evidence of the |
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commission of a relevant offence, and |
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(ii) | the only reasonably practicable way to preserve that evidence is |
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to detain the vessel or marine installation in a port. |
| |
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(a) | take, or arrange for another person to take, the vessel or marine |
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installation and its crew to the port which appears to the officer to be |
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the nearest convenient port, or |
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(b) | require the person who is for the time being in charge of the vessel or |
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marine installation to take it and its crew to that port. |
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(3) | When the vessel or marine installation has been taken to a port, the officer |
| |
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(b) | require the person for the time being in charge of it to do so. |
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(4) | An enforcement officer who detains any vessel or marine installation under |
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this section must serve a notice on the person who is for the time being in |
| |
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(5) | The notice must state that the vessel or marine installation is to be detained |
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until the notice is withdrawn. |
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(6) | A notice served under subsection (4) may be withdrawn by service of a further |
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notice signed by an appropriate enforcement officer. |
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(7) | In subsection (6) the reference to an appropriate enforcement officer is a |
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reference to any enforcement officer acting on behalf of the same relevant |
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authority as the enforcement officer who served the notice under subsection |
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(4), and includes a reference to that officer. |
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| “Relevant authority” means the person or body on whose behalf the officer |
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who detained the vessel or marine installation was acting. |
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(1) | To assist in carrying out any relevant functions, an enforcement officer may |
| |
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(b) | any equipment or materials. |
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(2) | A person who is brought by an enforcement officer to provide assistance may |
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exercise any powers conferred by this Act which the officer may exercise, but |
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only under the supervision or direction of the officer. |
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|
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256 | Power to use reasonable force |
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(1) | An enforcement officer may use reasonable force, if necessary, in the exercise |
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of any power conferred by this Act. |
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(2) | A person assisting an enforcement officer under section 255 may use |
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reasonable force, if necessary, in the exercise of any power conferred by this |
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| |
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257 | Interpretation of this Chapter |
| |
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“common enforcement power” means any power conferred by sections |
| 10 |
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“enforcement officer” has the meaning given by section 240; |
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“item” has the meaning given by section 245(10); |
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“justice” has the meaning given by section 244(5); |
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“marine installation” means any artificial island, installation or structure |
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“premises” has the meaning given by section 242(4); |
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“relevant activity”, “relevant function” and “relevant offence” have the |
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meaning given by section 240; |
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“the relevant premises”, in relation to an enforcement officer exercising a |
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power of inspection conferred by section 241, 242 or 243, means the |
| |
vessel, marine installation, premises or vehicle in relation to which the |
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power is being exercised. |
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(2) | In this Chapter any reference to a vessel includes a reference to— |
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(a) | any ship or boat or any other description of vessel used in navigation, |
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(b) | any hovercraft, submersible craft or other floating craft, and |
| |
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| but does not include a reference to anything that permanently rests on, or is |
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permanently attached to, the sea bed. |
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Licensing enforcement powers |
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258 | Power to require information relating to certain substances and objects |
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(1) | A person who has the power conferred by this section may require any |
| |
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(a) | to give details of any substances or objects on board a vehicle, vessel, |
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aircraft or marine structure; |
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(b) | to give information concerning any substances or objects lost from a |
| |
vehicle, vessel, aircraft or marine structure. |
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(2) | A statement made by a person in response to a requirement made under this |
| |
section may not be used against the person in criminal proceedings in which |
| 40 |
the person is charged with an offence to which this subsection applies. |
| |
| |
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|
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(3) | Subsection (2) applies to any offence other than an offence under one of the |
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following provisions (which concern false statements made otherwise than on |
| |
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(a) | section 5 of the Perjury Act 1911 (c. 6); |
| |
(b) | section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 |
| 5 |
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(c) | Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 |
| |
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(4) | In this section “marine structure” and “vessel” have the meaning given by |
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Fisheries enforcement powers |
| |
Inspection and seizure of objects at sea |
| |
259 | Power to inspect and seize objects at sea |
| |
(1) | For the purposes of carrying out any relevant functions, an enforcement officer |
| 15 |
who has the power conferred by this section may inspect any object in the sea |
| |
which the officer believes has been or is being used for or in connection with |
| |
| |
| The officer may lift an object out of the sea for the purposes of inspecting it |
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(2) | An enforcement officer who has inspected an object under this section may |
| |
| |
(3) | The power conferred by subsection (2) may only be exercised— |
| |
(a) | for the purposes of determining whether a relevant offence has been |
| |
| 25 |
(b) | in relation to an object which an enforcement officer reasonably |
| |
believes to be evidence of the commission of a relevant offence. |
| |
(4) | If, having inspected an object under this section, the officer decides not to seize |
| |
it under subsection (2), the officer must, if it is reasonably practicable to do so, |
| |
replace the object in the location where it was found. |
| 30 |
(5) | If it is not reasonably practicable to replace the object in accordance with |
| |
subsection (4), the officer may seize the object until such time as it may be |
| |
| |
(6) | Any power conferred by this section to seize an object includes power to |
| |
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(a) | anything that is attached to the object; |
| |
(b) | anything that is contained within the object. |
| |
(7) | Any reference in this section to replacing an object includes, in the case of |
| |
fishing gear, a reference to re-setting the gear in the same way in which it was |
| |
| 40 |
(8) | The powers conferred on an enforcement officer by this section are without |
| |
prejudice to any powers exercisable by the officer apart from this section. |
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