Marine and Coastal Access Bill [HL]

House of Lords

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 1 — Enforcement officers
141

232
Marine licensing: enforcement in Scottish offshore region
(1)
The Scottish Ministers may appoint persons for the purposes of enforcing Part
4 of this Act, except so far as relating to any activity relating to a matter which
is a reserved matter by virtue of Section D2 (oil and gas) of Schedule 5 to the
Scotland Act 1998 (c. 46).
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(2)
For the purposes referred to in subsection (1), a person appointed under this
section has—
(a)
the common enforcement powers conferred by this Act;
(b)
the power conferred by section 253.
(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—
(a)
in the Scottish offshore region (and in relation to any vessel, aircraft or
marine structure in that region);
(b)
in relation to any vessel, aircraft or marine structure in any other area
within the United Kingdom or the UK marine area which has been
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pursued there in accordance with subsection (4).
(4)
A vessel, aircraft or marine structure is pursued in accordance with this
subsection if—
(a)
immediately before the pursuit of the vessel, aircraft or structure
commences, the vessel, aircraft or structure is in the Scottish offshore
20
region,
(b)
before the pursuit of the vessel, aircraft or structure commences, a
signal is given for it to stop, and
(c)
the pursuit of the vessel, aircraft or structure is not interrupted.
(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, aircraft or structure in question.
(6)
For the purposes of subsection (4)(c), pursuit is not interrupted by reason only
of the fact that—
(a)
the method of carrying out the pursuit, or
(b)
the identity of the vessel or aircraft carrying out the pursuit,
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changes during the course of the pursuit.
(7)
Nothing in this section affects any right of hot pursuit which a person
appointed under this section may have under international law.
(8)
The powers which a person appointed under this section has for the purposes
referred to in subsection (1) may not be exercised in relation to any British
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warship.
(9)
Any term used in this section and in Part 4 of this Act has the same meaning in
this section as it has in that Part.
233
Enforcement of MCZs in Scottish offshore region
(1)
The Scottish Ministers may appoint persons for the purposes of enforcing
40
section 136 of this Act.
(2)
For the purposes of enforcing section 136 of this Act, a person appointed under
this section has the common enforcement powers conferred by this Act.

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 1 — Enforcement officers
142

(3)
Subject to subsections (8) and (9), the powers which a person appointed under
this section has for the purposes of enforcing section 136 of this Act may be
exercised—
(a)
in the Scottish offshore region (and in relation to any vessel, aircraft or
marine installation in that region);
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(b)
in relation to any vessel, aircraft or marine installation in any other area
within the United Kingdom or the UK marine area which has been
pursued there in accordance with subsection (4).
(4)
A vessel, aircraft or marine installation is pursued in accordance with this
subsection if—
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(a)
immediately before the pursuit of the vessel, aircraft or installation
commences, the vessel, aircraft or installation is in the Scottish offshore
region,
(b)
before the pursuit of the vessel, aircraft or installation commences, a
signal is given for it to stop, and
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(c)
the pursuit of the vessel, aircraft or installation is not interrupted.
(5)
The signal referred to in subsection (4)(b) must be given in such a way as to be
audible or visible from the vessel, aircraft or installation in question.
(6)
For the purposes of subsection (4)(c), pursuit is not interrupted by reason only
of the fact that—
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(a)
the method of carrying out the pursuit, or
(b)
the identity of the vessel or aircraft carrying out the pursuit,

changes during the course of the pursuit.
(7)
Nothing in this section affects any right of hot pursuit which a person
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
of enforcing section 136 of this Act may not be exercised in relation to any
British warship.
(9)
The powers which a person appointed under this section has for the purposes
of enforcing section 136 of this Act may not be exercised in relation to any
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vessel within subsection (10) unless—
(a)
in the case of a third country vessel, other than a vessel falling within
paragraph (b) or (c) of that subsection, the United Kingdom is entitled
under international law to exercise those powers without the consent of
the flag state, or
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(b)
the Commissioners have given authority to exercise those powers.
(10)
The vessels are—
(a)
a third country vessel;
(b)
a warship that is being used by the government of a State other than the
United Kingdom;
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(c)
any other vessel that is being used by such a government for any non-
commercial purpose.
(11)
The Commissioners may give authority under subsection (9)(b) only if the flag
state has consented to the United Kingdom exercising those powers (whether
generally or in relation to the vessel in question).
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Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 1 — Enforcement officers
143

(12)
In giving such authority, the Commissioners must impose such conditions or
limitations on the exercise of the powers as are necessary to give effect to any
conditions or limitations imposed by the flag state.
Interpretation
234
Interpretation of this Chapter
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(1)
In this Chapter—
“British marine installation” means a marine installation owned by or
leased to an individual residing in, or a body corporate incorporated
under the law of, any part of the United Kingdom;
“British warship” means a ship belonging to Her Majesty and forming
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part of Her Majesty’s armed forces;
“civilian marine enforcement officer” means a person appointed as a
marine enforcement officer by the MMO or the Welsh Ministers;
“the Commissioners” means the Commissioners for Her Majesty’s
Revenue and Customs;
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“fishing boat” means any vessel that is being used for fishing or for any
activity relating to fishing;
“flag state”, in relation to a vessel, means the State whose flag the vessel is
flying or is entitled to fly;
“marine installation” means any artificial island, installation or structure
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(other than a vessel);
“Northern Ireland fishing boat” means a fishing boat which is registered
in the United Kingdom under Part 2 of the Merchant Shipping Act 1995
(c. 21) and whose entry in the register specifies a port in Northern
Ireland as the port to which the boat is to be treated as belonging;
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“petroleum” has the same meaning as in Part 3 of the Petroleum Act 1998
(c. 17) (see section 28(1) of that Act);
“Scottish 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 port in Scotland as the port to
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which the boat is to be treated as belonging;
“third country vessel” means a vessel which—
(a)
is flying the flag of, or is registered in, any State or territory
(other than Gibraltar) which is not a member State, and
(b)
is not registered in a member State.
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(2)
In this Chapter, except where otherwise provided, any reference to a vessel
includes a reference to—
(a)
any ship or boat or any other description of vessel used in navigation,
and
(b)
any hovercraft, submersible craft or other floating craft,
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but does not include a reference to anything that permanently rests on, or is
permanently attached to, the sea bed.

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 2 — Common enforcement powers
144

Chapter 2
Common enforcement powers
Introductory
235
Common enforcement powers
(1)
This Chapter sets out the powers that may be exercised by a person who has
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the common enforcement powers conferred by this Act.
(2)
In this Chapter—
“enforcement officer” means any person who has the common
enforcement powers conferred by this Act;
“relevant activity”, in relation to an enforcement officer, means any
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activity in respect of which the officer has functions;
“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.
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(3)
The powers conferred on an enforcement officer by any section in this Chapter
are without prejudice to any powers exercisable by the officer apart from that
section.
Entry, search and seizure
236
Power to board and inspect vessels and marine installations
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(1)
For the purposes of carrying out any relevant functions, an enforcement officer
may at any time board and inspect a vessel or marine installation.

This is subject to section 239 (which provides that a warrant is necessary to
enter a dwelling).
(2)
For the purposes of exercising the power conferred by subsection (1), the
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officer may require a vessel or marine installation—
(a)
to stop, or
(b)
to do anything else that will facilitate the boarding of that or any other
vessel or marine installation.
(3)
An enforcement officer who has boarded a vessel or marine installation may,
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for the purposes of disembarking from the vessel or installation, require that or
any other vessel or marine installation—
(a)
to stop, or
(b)
to do anything else that will enable the officer, and any person
accompanying the officer, to disembark from the vessel or installation.
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(4)
An enforcement officer may require any person on board a vessel or marine
installation 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.