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228 | Enforcement of fisheries legislation |
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(1) | For the purposes of enforcing the fisheries legislation, a marine enforcement |
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(a) | the common enforcement powers conferred by this Act; |
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(2) | In this section “the fisheries legislation” means— |
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(a) | any enactments relating to sea fishing, including any enactment |
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relating to fishing for shellfish, salmon or migratory trout (but see |
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(b) | any enforceable EU restrictions and enforceable EU obligations relating |
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(3) | “The fisheries legislation” does not include— |
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(a) | the Salmon and Freshwater Fisheries Act 1975 (c. 51); |
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(b) | the Salmon Act 1986 (c. 62); |
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(c) | byelaws made by the Environment Agency under Schedule 25 to the |
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Water Resources Act 1991 (c. 57); |
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(d) | the Scotland Act 1998 (Border Rivers) Order 1999 (S.I. 1999/1746); |
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(e) | byelaws made by an inshore fisheries and conservation authority |
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(4) | Subject to subsection (9), the powers which a marine enforcement officer has |
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for the purposes of enforcing the fisheries legislation may be exercised— |
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(a) | in the relevant enforcement area (and in relation to any vessel, aircraft |
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or marine installation in that area); |
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(b) | in relation to any vessel, vehicle, aircraft or marine installation in any |
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other area within the United Kingdom or the UK marine area which has |
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been pursued there in accordance with subsection (5); |
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(c) | in relation to any relevant British fishing boat in the Scottish zone or the |
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(d) | in relation to any British vessel or British marine installation outside |
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British fishery limits, other than a Scottish or Northern Ireland fishing |
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(5) | A vessel, vehicle, aircraft or marine installation is pursued in accordance with |
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(a) | immediately before the pursuit of the vessel, vehicle, aircraft or |
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(i) | the vessel, vehicle, aircraft or installation is in the relevant |
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(ii) | in the case of a vessel, aircraft or marine installation operating |
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together with one or more other vessels, aircraft or marine |
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installations to carry out a single activity, any of those vessels, |
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aircraft or installations is in that area; |
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(b) | before the pursuit of the vessel, vehicle, aircraft or installation |
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commences, a signal is given for it to stop, and |
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(c) | the pursuit of the vessel, vehicle, aircraft or installation is not |
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(6) | The signal referred to in subsection (5)(b) must be given in such a way as to be |
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audible or visible from the vessel, vehicle, aircraft or installation in question. |
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(7) | For the purposes of subsection (5)(c), pursuit is not interrupted by reason only |
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(a) | the method of carrying out the pursuit, or |
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(b) | the identity of the vessel, vehicle or aircraft carrying out the pursuit, |
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| changes during the course of the pursuit. |
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(8) | Nothing in this section affects any right of hot pursuit which a marine |
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enforcement officer may have under international law. |
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(9) | The powers which a civilian marine enforcement officer has for the purposes |
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of enforcing the fisheries legislation may not be exercised in relation to any |
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“British vessel” means any vessel which— |
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(a) | is registered in the United Kingdom under Part 2 of the |
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Merchant Shipping Act 1995 (c. 21), |
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(b) | is wholly owned by persons qualified to own British ships for |
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the purposes of that Part, |
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(c) | is, as a Government ship, registered in the United Kingdom in |
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pursuance of an Order in Council under section 308 of that Act, |
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(d) | is a British warship; |
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“enforceable EU obligation” means an obligation to which section 2(1) of |
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the European Communities Act 1972 (c. 68) applies; |
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“enforceable EU restriction” means a restriction to which section 2(1) of |
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“Government ship” has the same meaning as in the Merchant Shipping |
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“relevant British fishing boat” means a fishing boat, other than a Scottish |
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or Northern Ireland fishing boat, which— |
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(a) | is registered in the United Kingdom under Part 2 of the |
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Merchant Shipping Act 1995, or |
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(b) | is wholly owned by persons qualified to own British ships for |
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the purposes of that Part; |
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“the relevant enforcement area” means the area that consists of— |
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(a) | England and Wales, and |
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(b) | the sea within British fishery limits, excluding the Scottish zone |
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and the Northern Ireland zone. |
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229 | Marine enforcement officers as British sea-fishery officers |
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(1) | Section 7 of the Sea Fisheries Act 1968 (c. 77) (sea-fishery officers) is amended |
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(a) | after paragraph (c) insert— |
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“(ca) | persons appointed as marine enforcement officers |
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under section 225 of the Marine and Coastal Access Act |
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(b) | in paragraph (d), omit “of the Secretary of State or”. |
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(3) | After subsection (1) insert— |
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“(1A) | A person falling within paragraph (b), (c) or (ca) of subsection (1) above |
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may not exercise the powers or perform the duties of a British sea- |
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fishery officer in any case where the person may, in the person’s |
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capacity as a marine enforcement officer, exercise the common |
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enforcement powers conferred by the Marine and Coastal Access Act |
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2009 (see Chapter 1 of Part 8 of that Act).” |
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(4) | In subsection (5) (definition of “the appropriate Minister”), omit paragraph (a). |
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Other enforcement officers |
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230 | Marine licensing: oil and gas, etc |
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(1) | The Secretary of State may appoint persons for the purposes of enforcing Part |
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4 of this Act, so far as relating to— |
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(a) | any activity in the Scottish offshore region relating to a matter which is |
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a reserved matter by virtue of Section D2 (oil and gas) of Schedule 5 to |
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the Scotland Act 1998 (c. 46); |
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(b) | any activity in Wales or the Welsh inshore region concerning or arising |
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from the exploration for, or production of, petroleum; |
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(c) | anything done in the course of taking installation abandonment |
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measures in any other part of the relevant enforcement area. |
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(2) | For the purposes referred to in subsection (1), a person appointed under this |
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(a) | the common enforcement powers conferred by this Act; |
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(b) | the power conferred by section 253. |
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(3) | Subject to subsection (8), the powers which a person appointed under this |
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section has for the purposes referred to in subsection (1) may be exercised— |
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(a) | in the relevant enforcement area (and in relation to any vessel, aircraft |
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or marine structure in that area); |
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(b) | in relation to any vessel, vehicle, aircraft or marine structure in any |
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other area within the United Kingdom or the UK marine area which has |
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been pursued there in accordance with subsection (4); |
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(c) | in relation to any vessel or marine structure outside the UK marine area |
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which was loaded within the relevant enforcement area; |
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(d) | in relation to any British vessel, British aircraft or British marine |
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structure outside the UK marine area. |
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(4) | A vessel, vehicle, aircraft or marine structure is pursued in accordance with |
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(a) | immediately before the pursuit of the vessel, vehicle, aircraft or |
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structure commences, the vessel, vehicle, aircraft or structure is in the |
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relevant enforcement area, |
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(b) | before the pursuit of the vessel, vehicle, aircraft or structure |
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commences, a signal is given for it to stop, and |
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(c) | the pursuit of the vessel, vehicle, aircraft or structure is not interrupted. |
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(5) | The signal referred to in subsection (4)(b) must be given in such a way as to be |
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audible or visible from the vessel, vehicle, aircraft or structure in question. |
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(6) | For the purposes of subsection (4)(c), pursuit is not interrupted by reason only |
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(a) | the method of carrying out the pursuit, or |
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(b) | the identity of the vessel, vehicle or aircraft carrying out the pursuit, |
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| changes during the course of the pursuit. |
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(7) | Nothing in this section affects any right of hot pursuit which a person |
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appointed under this section may have under international law. |
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(8) | The powers which a person appointed under this section has for the purposes |
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referred to in subsection (1) may not be exercised in relation to any British |
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“installation abandonment measures” means any measures taken in |
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connection with the abandonment of— |
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(a) | an offshore installation or submarine pipeline, within the |
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meaning of Part 4 of the Petroleum Act 1998 (c. 17), or |
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(b) | a carbon storage installation, within the meaning of section 30 |
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of the Energy Act 2008 (c. 32), |
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whether or not the measures are taken in pursuance of an |
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“abandonment programme” means— |
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(a) | an abandonment programme under Part 4 of the Petroleum Act |
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(b) | an abandonment programme under that Part, as it applies by |
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virtue of section 30 of the Energy Act 2008; |
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“the relevant enforcement area” means the area that consists of— |
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(a) | England and Wales, and |
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(b) | the UK marine licensing area, excluding the Northern Ireland |
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(10) | Any term used in this section and in Part 4 of this Act has the same meaning in |
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this section as it has in that Part. |
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231 | Marine licensing: Northern Ireland |
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(1) | The Department of the Environment in Northern Ireland may appoint persons |
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for the purposes of enforcing Part 4 of this Act. |
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(2) | For the purposes of enforcing Part 4 of this Act, a person appointed under this |
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(a) | the common enforcement powers conferred by this Act; |
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(b) | the power conferred by section 253. |
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| This is subject to subsection (3). |
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(3) | A person appointed under this section does not have the powers referred to in |
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subsection (2) for the purposes of enforcing Part 4 of this Act so far as relating |
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(a) | any activity in Wales or the Welsh inshore region concerning or arising |
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from the exploration for, or production of, petroleum; |
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(b) | anything done in the course of taking installation abandonment |
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measures in any other part of the relevant enforcement area, other than |
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Northern Ireland and the Northern Ireland inshore region. |
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(4) | Subject to subsection (9), the powers which a person appointed under this |
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section has for the purposes of enforcing Part 4 of this Act may be exercised— |
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(a) | in the relevant enforcement area (and in relation to any vessel, aircraft |
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or marine structure in that area); |
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(b) | in relation to any vessel, vehicle, aircraft or marine structure in any |
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other area within the United Kingdom or the UK marine area which has |
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been pursued there in accordance with subsection (5). |
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(5) | A vessel, vehicle, aircraft or marine structure is pursued in accordance with |
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(a) | immediately before the pursuit of the vessel, vehicle, aircraft or |
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structure commences, the vessel, vehicle, aircraft or structure is in the |
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relevant enforcement area, |
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(b) | before the pursuit of the vessel, vehicle, aircraft or structure |
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commences, a signal is given for it to stop, and |
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(c) | the pursuit of the vessel, vehicle, aircraft or structure is not interrupted. |
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(6) | The signal referred to in subsection (5)(b) must be given in such a way as to be |
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audible or visible from the vessel, vehicle, aircraft or structure in question. |
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(7) | For the purposes of subsection (5)(c), pursuit is not interrupted by reason only |
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(a) | the method of carrying out the pursuit, or |
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(b) | the identity of the vessel, vehicle or aircraft carrying out the pursuit, |
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| changes during the course of the pursuit. |
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(8) | Nothing in this section affects any right of hot pursuit which a person |
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appointed under this section may have under international law. |
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(9) | The powers which a person appointed under this section has for the purposes |
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of enforcing Part 4 of this Act may not be exercised in relation to any British |
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“installation abandonment measures” means any measures taken in |
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connection with the abandonment of— |
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(a) | an offshore installation or submarine pipeline, within the |
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meaning of Part 4 of the Petroleum Act 1998 (c. 17), or |
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(b) | a carbon storage installation, within the meaning of section 30 |
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of the Energy Act 2008 (c. 32), |
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whether or not the measures are taken in pursuance of an |
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“abandonment programme” means— |
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(a) | an abandonment programme under Part 4 of the Petroleum Act |
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(b) | an abandonment programme under that Part, as it applies by |
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virtue of section 30 of the Energy Act 2008; |
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“the relevant enforcement area” means the area that consists of— |
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(a) | England and Wales and Northern Ireland, and |
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(b) | the UK marine licensing area, excluding the Scottish offshore |
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(11) | Any term used in this section and in Part 4 of this Act has the same meaning in |
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this section as it has in that Part. |
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