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Marine and Coastal Access Bill [HL]


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

164

 

Miscellaneous and ancillary powers

250     

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.

5

(2)   

The power conferred by this section is exercisable in relation to—

(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.

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(3)   

The officer may require any person in or on the vessel, marine installation,

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.

251     

Power to require name and address

15

Where an enforcement officer reasonably believes that a person has committed

a relevant offence, the officer may require the person to provide the person’s

name and address.

252     

Power to require production of licence, etc

(1)   

Where an enforcement officer reasonably believes—

20

(a)   

that a person is or has been carrying on a relevant activity, and

(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.

(2)   

If the person is unable to produce the licence or other authority when required

25

to do so, the person must produce it at such place, and within such period of

time, as the officer may specify.

253     

Power to require attendance of certain persons

(1)   

This section applies where an enforcement officer has—

(a)   

boarded a vessel or marine installation, or

30

(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

installation;

35

(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.

 
 

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

165

 

254     

Power to direct vessel or marine installation to port

(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

5

detaining the vessel or marine installation in a port, or

(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

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to detain the vessel or marine installation in a port.

(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

15

(b)   

require the person who is for the time being in charge of the vessel or

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

20

(b)   

require the person for the time being in charge of it to do so.

(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

25

until the notice is withdrawn.

(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

30

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.

255     

Assistance etc

35

(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

40

exercise any powers conferred by this Act which the officer may exercise, but

only under the supervision or direction of the officer.

 
 

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 3 — Licensing enforcement powers

166

 

256     

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.

(2)   

A person assisting an enforcement officer under section 255 may use

reasonable force, if necessary, in the exercise of any power conferred by this

5

Act.

Interpretation

257     

Interpretation of this Chapter

(1)   

In this Chapter—

“common enforcement power” means any power conferred by sections

10

241 to 256;

“enforcement officer” has the meaning given by section 240;

“item” has the meaning given by section 245(10);

“justice” has the meaning given by section 244(5);

“marine installation” means any artificial island, installation or structure

15

(other than a vessel);

“premises” has the meaning given by section 242(4);

“relevant activity”, “relevant function” and “relevant offence” have the

meaning given by section 240;

“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

power is being exercised.

(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,

25

(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

permanently attached to, the sea bed.

Chapter 3

30

Licensing enforcement powers

258     

Power to require information relating to certain substances and objects

(1)   

A person who has the power conferred by this section may require any

person—

(a)   

to give details of any substances or objects on board a vehicle, vessel,

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aircraft or marine structure;

(b)   

to give information concerning any substances or objects lost from a

vehicle, vessel, aircraft or marine structure.

(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.

 
 

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

167

 

(3)   

Subsection (2) applies to any offence other than an offence under one of the

following provisions (which concern false statements made otherwise than on

oath)—

(a)   

section 5 of the Perjury Act 1911 (c. 6);

(b)   

section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995

5

(c. 39);

(c)   

Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714

(N.I. 19)).

(4)   

In this section “marine structure” and “vessel” have the meaning given by

section 115.

10

Chapter 4

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

fishing.

   

The officer may lift an object out of the sea for the purposes of inspecting it

under this section.

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(2)   

An enforcement officer who has inspected an object under this section may

seize the object.

(3)   

The power conferred by subsection (2) may only be exercised—

(a)   

for the purposes of determining whether a relevant offence has been

committed, or

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.

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(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

collected by its owner.

(6)   

Any power conferred by this section to seize an object includes power to

seize—

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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

placed in the sea.

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(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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