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 2 — Common enforcement powers
145

237
Power to enter and inspect premises
(1)
For the purposes of carrying out any relevant functions, an enforcement officer
may enter and inspect any premises.

This is subject to section 239 (which provides that a warrant is necessary to
enter a dwelling).
5
(2)
The officer may only exercise the power conferred by this section at a
reasonable time, unless it appears to the officer that there are grounds for
suspecting that the purpose of entering the premises may be frustrated if the
officer seeks to enter at a reasonable time.
(3)
An enforcement officer may require any person in or on the premises to afford
10
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.
(4)
In this section “premises” includes land, but does not include any vehicle,
vessel or marine installation.
15
238
Power to enter and inspect vehicles
(1)
For the purposes of carrying out any relevant functions, an enforcement officer
may at any time—
(a)
enter and inspect any vehicle;
(b)
stop and detain any vehicle for the purposes of entering and inspecting
20
it.

This is subject to section 239 (which provides that a warrant is necessary to
enter a dwelling).
(2)
Where—
(a)
an enforcement officer has stopped a vehicle under this section, and
25
(b)
the officer considers that it would be impracticable to inspect the
vehicle in the place where it has stopped,

the officer may require the vehicle to be taken to such place as the officer directs
to enable the vehicle to be inspected.
(3)
An enforcement officer may require—
30
(a)
any person travelling in a vehicle, or
(b)
the registered keeper of a 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 any
power conferred by this section.
35
(4)
The powers conferred by this section may be exercised in any place (whether
or not it is a place to which the public has access).
(5)
In this section “vehicle” does not include any vessel.
239
Dwellings
(1)
An enforcement officer may not by virtue of section 236, 237 or 238 enter any
40
dwelling unless a justice has issued a warrant authorising the officer to enter
the dwelling.

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 2 — Common enforcement powers
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(2)
A justice may only issue such a warrant if, on an application by the officer, the
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
5
(b)
that any of the conditions in subsection (3) is satisfied.
(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
10
grant access to that material;
(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
15
immediate entry to it.
(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;
20
(b)
in relation to Northern Ireland, a lay magistrate;
(c)
in relation to Scotland, a sheriff, stipendiary magistrate or justice of the
peace.
240
Powers of search, examination, etc
(1)
Where an enforcement officer is exercising a power of inspection conferred by
25
section 236, 237 or 238, the officer may—
(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—
30
(a)
search or examine anything which appears to be in the person’s
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
35
which the officer has power under this section to examine.
(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,
40
break open any container or other locked thing.
(6)
Where an enforcement officer is exercising a power of inspection conferred by
section 236, 237 or 238, the officer may require any person in or on the relevant
premises to afford such facilities and assistance with respect to matters under

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 2 — Common enforcement powers
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that person’s control as the officer considers would facilitate the exercise of any
power conferred by this section.
(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
5
control as the officer considers would facilitate the exercise in relation to that
person of any power conferred by this section.
(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—
10
(a)
anything that is attached to or otherwise forms part of the relevant
premises, and
(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
15
animal;
“item” includes—
(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.
20
241
Power to require production of documents, etc
(1)
This section applies where an enforcement officer is exercising a power of
inspection conferred by section 236, 237 or 238.
(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.
25
(3)
A reference in this section to the production of a document includes a reference
to the production of—
(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.
30
(4)
For the purposes of this section—
(a)
information is recorded in hard copy form if it is recorded in a paper
copy or similar form capable of being read (and references to hard copy
have a corresponding meaning);
(b)
information can be read only if—
35
(i)
it can be read with the naked eye, or
(ii)
to the extent that it consists of images (for example
photographs, pictures, maps, plans or drawings), it can be seen
with the naked eye.
242
Powers of seizure, etc
40
(1)
An enforcement officer who is exercising a power of inspection conferred by
section 236, 237 or 238 may—
(a)
seize and detain or remove any item found on the relevant premises;

Marine and Coastal Access Bill [HL]
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Chapter 2 — Common enforcement powers
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(b)
take copies of or extracts from any document or record found 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 seize and detain or remove any
item which appears to be in the person’s possession or control.
5
(3)
An enforcement officer to whom any document or record has been produced
in accordance with a requirement imposed under section 241 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)
10
or (b) of section 241(3).
(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
15
to be evidence of the commission of a relevant offence.
(5)
Subject to subsection (6), an enforcement officer who is exercising a power of
inspection conferred by section 236, 237 or 238 may not remove from the
relevant premises any item which is required by law to be kept on the relevant
premises.
20
(6)
An enforcement officer may remove such an item from a vessel while it is being
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 subject to
legal privilege (within the meaning of the Police and Criminal Evidence Act
25
1984 (c. 60)).
243
Further provision about seizure
(1)
Where—
(a)
any items which an enforcement officer wishes to seize and remove are
in a container, and
30
(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 242 includes
power to seize and remove the container.
(2)
Where—
35
(a)
any items which an enforcement officer wishes to seize and remove are
not in a container, and
(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,
40

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
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
45

Marine and Coastal Access Bill [HL]
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Chapter 2 — Common enforcement powers
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(b)
where the officer is exercising a power of inspection conferred by
section 236, 237 or 238, any person in or on the relevant premises,

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
5
section 236, 237 or 238, 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 section 242 or this section.
(5)
Where an enforcement officer reasonably believes that a person is or has been
10
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 section 242 or this section.
(6)
In section 66 of the Criminal Justice and Police Act 2001 (c. 16) (general
15
interpretation of Part 2) in subsection (1)—
(a)
before the definition of “premises” insert—
““marine installation” has the meaning given by section
252 of the Marine and Coastal Access Act 2009;”;
(b)
in the definition of “premises”, after “offshore installation” insert “or
20
other marine installation”.
(7)
In Part 1 of Schedule 1 to that Act (powers of seizure to which section 50
applies), after paragraph 73K insert—
“Marine and Coastal Access Act 2009 (c. 00)
73L
Each of the powers of seizure conferred by section 242(1) and (3) of
25
the Marine and Coastal Access Act 2009.”
244
Retention of seized items
(1)
This section applies to any item seized in the exercise of a power conferred by
section 242.
(2)
The item may be retained so long as is necessary in all the circumstances and
30
in particular—
(a)
for use as evidence at a trial for a relevant offence, or
(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)
35
if a photograph or a copy would be sufficient for that purpose.
Miscellaneous and ancillary powers
245
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
40
a relevant offence.
(2)
The power conferred by this section is exercisable in relation to—

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(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.
(3)
The officer may require any person in or on the vessel, marine installation,
5
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.
246
Power to require name and address
Where an enforcement officer reasonably believes that a person has committed
10
a relevant offence, the officer may require the person to provide the person’s
name and address.
247
Power to require production of licence, etc
(1)
Where an enforcement officer reasonably believes—
(a)
that a person is or has been carrying on a relevant activity, and
15
(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
to do so, the person must produce it at such place, and within such period of
20
time, as the officer may specify.
248
Power to require attendance of certain persons
(1)
This section applies where an enforcement officer has—
(a)
boarded a vessel or marine installation, or
(b)
entered any premises.
25
(2)
For the purpose 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;
(b)
any other person who is on board the vessel or marine installation;
30
(c)
the owner or occupier of the premises;
(d)
any person who is on the premises.
249
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
35
practicable for the officer to exercise a power which the officer wishes
to exercise in relation to a vessel or marine installation without
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
40
commission of a relevant offence, and

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(ii)
the only reasonably practicable way to preserve that evidence is
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
5
the nearest convenient port, or
(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—
10
(a)
detain it there, or
(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.
15
(5)
The notice must state that the vessel or marine installation is to be detained
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
20
reference to any enforcement officer acting on behalf of the same relevant
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.
25
250
Assistance etc
(1)
To assist in carrying out any relevant functions, an enforcement officer may
bring—
(a)
any other person;
(b)
any equipment or materials.
30
(2)
A person who is brought by an enforcement officer to provide assistance may
exercise any powers conferred by this Act which the officer may exercise, but
only under the supervision or direction of the officer.
251
Power to use reasonable force
(1)
An enforcement officer may use reasonable force, if necessary, in the exercise
35
of any power conferred by this Act.
(2)
A person assisting an enforcement officer under section 250 may use
reasonable force, if necessary, in the exercise of any power conferred by this
Act.