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 3 — Licensing enforcement powers
152

Interpretation
252
Interpretation of this Chapter
(1)
In this Chapter—
“common enforcement power” means any power conferred by sections
236 to 251;
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“enforcement officer” has the meaning given by section 235;
“item” has the meaning given by section 240(10);
“justice” has the meaning given by section 239(5);
“marine installation” means any artificial island, installation or structure
(other than a vessel);
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“premises” has the meaning given by section 237(4);
“relevant activity”, “relevant function” and “relevant offence” have the
meanings given by section 235;
“the relevant premises”, in relation to an enforcement officer exercising a
power of inspection conferred by section 236, 237 or 238, means the
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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,
(b)
any hovercraft, submersible craft or other floating craft, and
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(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
Licensing enforcement powers
25
253
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,
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.
(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
the person is charged with an offence to which this subsection applies.
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(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
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(c. 39);
(c)
Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714
(N.I. 19)).

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 4 — Fisheries enforcement powers
153

(4)
In this section “marine structure” and “vessel” have the meaning given by
section 112.
Chapter 4
Fisheries enforcement powers
Inspection and seizure of objects at sea
5
254
Power to inspect and seize objects at sea
(1)
For the purposes of carrying out any relevant functions, an enforcement officer
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.
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The officer may lift an object out of the sea for the purposes of inspecting it
under this section.
(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—
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(a)
for the purposes of determining whether a relevant offence has been
committed, or
(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
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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.
(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.
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(6)
Any power conferred by this section to seize an object includes power to
seize—
(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
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fishing gear, a reference to re-setting the gear in the same way in which it was
placed in the sea.
(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.
255
Reports of inspections under section 254
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(1)
This section applies where an enforcement officer inspects any object under
section 254.
(2)
The officer must prepare a report in relation to the inspection.
(3)
The report must state—
(a)
the date and time of the inspection;
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Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 4 — Fisheries enforcement powers
154

(b)
the identity of the officer who carried out the inspection;
(c)
how the officer may be contacted.
(4)
In the case of an object seized under section 254(2) or (5), the report must also
state—
(a)
what has been seized;
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(b)
the reasons for its seizure;
(c)
any further action that it is proposed will be taken in relation to the
object.
(5)
Where the object has not been seized under section 254(2) or (5), the officer
must, if it is reasonably practicable to do so, attach a copy of the report to the
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object.

If it is not reasonably practicable to attach a copy of the report to the object, the
officer must serve a copy of the report on every person who appears to the
officer to be the owner, or one of the owners, of the object.
(6)
Where—
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(a)
the object has been seized under section 254(2), and
(b)
either of the conditions in subsection (7) is satisfied,

the relevant authority must, if it has not already done so, serve a copy of the
report on every person who appears to the authority to be the owner, or one of
the owners, of the object.
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(7)
The conditions are—
(a)
that the relevant authority has decided not to take proceedings in
respect of any offence in relation to which the object was seized;
(b)
that any proceedings taken in respect of such an offence have
concluded.
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(8)
Where the object has been seized under section 254(5), the relevant authority
must serve a copy of the report on every person who appears to the authority
to be the owner, or one of the owners, of the object at the same time as it serves
a notice of collection on that person under section 257.
(9)
In a case where the relevant authority, after taking reasonable steps to do so, is
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unable to identify any person as owning the object—
(a)
any reference in this section to a requirement to serve a copy of a report
on such a person is to be read as a reference to a requirement to take
such steps as the authority thinks fit to bring the contents of the report
to the attention of persons likely to be interested in it, and
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(b)
the reference in subsection (8) to serving a notice of collection under
section 257 is to be read as a reference to taking the steps referred to in
subsection (5) of that section.
256
Retention of objects seized under section 254(2)
(1)
Any object seized by an enforcement officer under section 254(2) may be
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retained by the relevant authority.
(2)
If either of the grounds of release in subsection (3) applies, the relevant
authority must, as soon as is reasonably practicable, make the object available
for collection.
(3)
The grounds of release referred to in subsection (2) are—
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Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 4 — Fisheries enforcement powers
155

(a)
that the relevant authority has decided not to take proceedings in
respect of any offence in relation to which the object was seized;
(b)
that any proceedings taken in respect of such an offence have
concluded without any order for forfeiture having been made.
(4)
But subsection (2) does not apply if the object is liable to forfeiture under
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section 265 or 266.
(5)
Any reference in this section to an object seized under subsection (2) of section
254 includes a reference to anything seized by virtue of subsection (6) of that
section.
257
Disposal of objects seized under section 254
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(1)
This section applies to—
(a)
any object seized under section 254(2) which the relevant authority—
(i)
no longer wishes to retain for any purpose, or
(ii)
is required to make available for collection by virtue of section
256;
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(b)
any object seized under section 254(5).
(2)
In this section a “notice of collection” is a notice stating that—
(a)
the object specified in the notice is available to be collected from the
location so specified, and
(b)
if the object is not collected before the end of the period of three months
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beginning with the date specified in the notice, the relevant authority
will dispose of the object.
(3)
The relevant authority must serve a notice of collection on every person who
appears to the authority to be the owner, or one of the owners, of the object.
(4)
The relevant authority may take any other steps it thinks fit to notify every
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such person that the object is available to be collected.
(5)
If the relevant authority, after taking reasonable steps to do so, is unable to
identify any person as owning the object in order to serve a notice of collection,
the relevant authority must take such steps as it thinks fit to bring the
information contained in the notice of collection to the attention of persons
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likely to be interested in it.
(6)
If the relevant authority complies with subsection (3) or subsection (5), as the
case may be, the relevant authority may, at the end of the period mentioned in
subsection (2)(b), dispose of the object in whatever way it thinks fit.
(7)
Any reference in this section to an object seized under subsection (2) or (5) of
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section 254 includes a reference to anything seized by virtue of subsection (6)
of that section.
Seizure for purposes of forfeiture
258
Power to seize fish for purposes of forfeiture
(1)
An enforcement officer who has the power conferred by this section may seize
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and detain or remove any fish in respect of which the officer reasonably
believes a relevant offence has been committed.

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 4 — Fisheries enforcement powers
156

(2)
The power conferred by this section may only be exercised for the purposes of
securing that, in the event of a conviction for a relevant offence, the court may
exercise any relevant power of forfeiture in relation to fish in respect of which
the offence was committed.
(3)
Where—
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(a)
any fish which an enforcement officer wishes to seize and remove are
in a container, and
(b)
the officer reasonably considers that it would facilitate the seizure and
removal of the fish if they remained in the container for that purpose,

any power to seize and remove the fish includes power to seize and remove the
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container.
(4)
Where—
(a)
any fish 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
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removal of the fish if they were placed in a container suitable for that
purpose,

the officer may require the fish to be placed into such a container.
(5)
If, in the opinion of an enforcement officer, it is not for the time being
practicable for the officer to seize and remove any fish, the officer may
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require—
(a)
the person from whom the fish are being seized, or
(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 fish are not removed or otherwise interfered with until such
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time as the officer may seize and remove them.
(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
that person’s control as the officer considers would facilitate the exercise of any
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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
control as the officer considers would facilitate the exercise in relation to that
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person of any power conferred by this section.
(8)
In this section—
“relevant activity”, in relation to an enforcement officer, means any
activity in respect of which the officer has functions;
“relevant power of forfeiture” means any power of a court to order the
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forfeiture of any fish in respect of which an offence has been committed;
“the relevant premises”, in relation to an enforcement officer exercising a
power of inspection conferred by section 236, 237 or 238, means the
vessel, marine installation, premises or vehicle in relation to which the
power is being exercised.
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