Aviation and Maritime Security Act 1990

Part I — Aviation Security

Endangering safety at aerodromes

Endangering safety at aerodromes

1

• (1) It is an offence for any person by means of any device, substance or weapon intentionally to commit at an aerodrome serving international civil aviation any act of violence which—

• (a) causes or is likely to cause death or serious personal injury, and

• (b) endangers or is likely to endanger the safe operation of the aerodrome or the safety of persons at the aerodrome.

• (2) It is also, subject to subsection (4) below, an offence for any person by means of any device, substance or weapon unlawfully and intentionally—

• (a) to destroy or seriously to damage—

• (i) property used for the provision of any facilities at an aerodrome serving international civil aviation (including any apparatus or equipment so used), or

• (ii) any aircraft which is at such an aerodrome but is not in service, or

• (b) to disrupt the services of such an aerodrome,

in such a way as to endanger or be likely to endanger the safe operation of the aerodrome or the safety of persons at the aerodrome.

• (3) Except as provided by subsection (4) below, subsections (1) and (2) above apply whether any such act as is referred to in those subsections is committed in the United Kingdom or elsewhere and whatever the nationality of the person committing the act.

• (4) Subsection (2)(a)(ii) above does not apply to any act committed in relation to an aircraft used in military, customs or police service unless—

• (a) the act is committed in the United Kingdom, or

• (b) where the act is committed outside the United Kingdom, the person committing it is a United Kingdom national.

• (5) A person who commits an offence under this section is liable on conviction on indictment to imprisonment for life.

• (6) Sections 38(3)(b) (period during which aircraft in service) and 38(4) (territorial waters) of the Aviation Security Act 1982 apply for the purposes of this section as they apply for the purposes of that Act; and the references in section 38(7) of that Act (other proceedings) to Part I of that Act and to that Act include references to this section.

• (7) Proceedings for an offence under this section shall not be instituted—

• (a) in England and Wales, except by, or with the consent of, the Attorney General, and

• (b) in Northern Ireland, except by, or with the consent of, the Attorney General for Northern Ireland.

• (8) As respects Scotland, for the purpose of conferring on the sheriff jurisdiction to entertain proceedings for an offence under this section, any such offence shall, without prejudice to any jurisdiction exercisable apart from this subsection, be deemed to have been committed in any place in Scotland where the offender may for the time being be.

• (9) In this section—

• act of violence means—

• (a) any act done in the United Kingdom which constitutes the offence of murder, attempted murder, manslaughter, culpable homicide or assault or an offence under section 18, 20, 21, 22, 23, 24, 28 or 29 of the Offences against the Person Act 1861 or under section 2 of the Explosive Substances Act 1883, and

• (b) any act done outside the United Kingdom which, if done in the United Kingdom, would constitute such an offence as is mentioned in paragraph (a) above;

• aerodrome has the same meaning as in the Civil Aviation Act 1982;

• military service and United Kingdom national have the same meaning as in the Aviation Security Act 1982; and

• unlawfully—

• (a) in relation to the commission of an act in the United Kingdom, means so as (apart from this section) to constitute an offence under the law of the part of the United Kingdom in which the act is committed, and

• (b) in relation to the commission of an act outside the United Kingdom, means so that the commission of the act would (apart from this section) have been an offence under the law of England and Wales if it had been committed in England and Wales or of Scotland if it had been committed in Scotland.

Powers of Secretary of State and authorised persons

Extension of power to require promotion of searches

2

After section 13 of the Aviation Security Act 1982 there is inserted—

(13A) (1) For purposes to which this Part of this Act applies, the Secretary of State may give a direction in writing to any person (other than the manager of an aerodrome) who— (a) occupies any land forming part of an aerodrome in the United Kingdom, or (b) is permitted to have access to a restricted zone of such an aerodrome for the purposes of the activities of a business carried on by him, requiring him to use his best endeavours to secure that such searches to which this section applies as are specified in the direction are carried out by constables or by other persons of a description specified in the direction. (2) The searches to which this section applies are— (a) in relation to a person falling within subsection (1)(a) above, searches— (i) of the land which he occupies within the aerodrome, and (ii) of persons or property which may at any time be on that land; and (b) in relation to a person falling within subsection (1)(b) above, searches— (i) of any land which he occupies outside the aerodrome for the purposes of his business, and (ii) of persons or property which may at any time be on that land. (3) Any person who, without reasonable excuse, fails to comply with a direction given to him under this section shall be guilty of an offence and liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both. (4) Where a person is convicted of an offence under subsection (3) above, then, if without reasonable excuse the failure in respect of which he was convicted is continued after the conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding one-tenth of level 5 on the standard scale for each day on which the failure continues.

Extension of Secretary of State’s powers under section 14 of Aviation Security Act 1982

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• (1) In section 14 of the Aviation Security Act 1982, for subsections (1) and (2) there is substituted—

(1) Subsection (1A) below applies to any person who— (a) is the operator of one or more aircraft registered or operating in the United Kingdom, (b) is the manager of an aerodrome in the United Kingdom, (c) occupies any land forming part of an aerodrome in the United Kingdom, or (d) is permitted to have access to a restricted zone of such an aerodrome for the purposes of the activities of a business carried on by him. (1A) Subject to the following provisions of this section, the Secretary of State may give a direction in writing to any person to whom this subsection applies requiring him to take such measures for purposes to which this Part of this Act applies as are specified in the direction— (a) in the case of a direction given to a person as the operator of any aircraft, in respect of all the aircraft registered or operating in the United Kingdom of which (at the time when the direction is given or at any subsequent time) he is the operator, or in respect of any such aircraft, or any class of such aircraft, specified in the direction; (b) in the case of a direction given to a person as the manager of an aerodrome, in respect of that aerodrome; (c) in the case of a direction given to a person as a person occupying any land forming part of an aerodrome, in respect of any such land as is specified in the direction; and (d) in the case of a direction given to a person as a person who is permitted to have access to a restricted zone as mentioned in subsection (1)(d) above, in respect of such activities carried on by that person in that zone as are specified in the direction. (2) Without prejudice to the generality of subsection (1A) above, the measures to be specified in a direction given under this section to any person to whom that subsection applies may include the provision by that person of persons charged with the duty (at such times as may be specified in the direction)— (a) where the direction is given to a person as the operator of aircraft, of guarding the aircraft against acts of violence; (b) where the direction is given to a person as the manager of an aerodrome, of guarding the aerodrome, or persons or property (including aircraft) in any part of the aerodrome, against acts of violence; (c) where the direction is given to a person as falling within subsection (1)(c) above, of guarding against acts of violence any aircraft in the aerodrome which is for the time being under his control; or (d) where the direction is given to a person as falling within subsection (1)(d) above, of guarding— (i) any land outside the aerodrome occupied by him for the purposes of his business, any vehicles or equipment used for those purposes and any goods which are in his possession for those purposes, and (ii) any aircraft which is for the time being under his control, for purposes to which this Part of this Act applies.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In subsection (6) of that section—

• (a) for the words from such an operator, in the first place where those words occur, to subsection (1) above, there is substituted a person to whom subsection (1A) above applies, and

• (b) for the words an operator or manager, in the second place where they occur, there is substituted a person.

Enforcement notices in respect of directions under Part II of Aviation Security Act 1982

4

In the Aviation Security Act 1982 after section 18 there is inserted—

(18A) (1) Where an authorised person is of the opinion that any person has failed to comply with any general requirement of a direction given to him under section 12, 13, 13A or 14 of this Act, the authorised person may serve on that person a notice (in this Part of this Act referred to as an enforcement notice)— (a) specifying those general requirements of the direction with which he has, in the opinion of the authorised person, failed to comply, and (b) specifying, subject to section 18B of this Act, the measures that ought to be taken in order to comply with those requirements. (2) For the purposes of this section a requirement of a direction given by the Secretary of State under section 12, 13, 13A or 14 of this Act is a general requirement if the provision imposing the requirement— (a) has been included in two or more directions given to different persons (whether or not at the same time), and (b) is framed in general terms applicable to all the persons to whom those directions are given. (3) Before serving any enforcement notice which relates to a direction given under section 12(2) of this Act, the authorised person shall inform the Civil Aviation Authority of the measures proposed to be specified in the notice, and shall take account of any advice given to him by that Authority with respect to those proposals. (18B) (1) An enforcement notice may specify in greater detail measures which are described in general terms in those provisions of the direction to which it relates which impose general requirements, but may not impose any requirement which could not have been imposed by a direction given by the Secretary of State under the provision under which the direction was given. (2) An enforcement notice may be framed so as to afford the person on whom it is served a choice between different ways of complying with the specified general requirements of the direction. (3) Subject to subsection (4) below, an enforcement notice which relates to a direction given under section 12 of this Act must require the person to whom the direction was given not to cause or permit things to be done as mentioned in subsection (1)(a) or (b) or (2) of that section, as the case requires, until the specified measures have been taken. (4) In serving an enforcement notice which relates to a direction under section 12(2) of this Act, the authorised person shall allow, and shall specify in the notice, such period as appears to him to be reasonably required for taking the measures specified in the notice; and the notice shall not take effect before the end of the period so specified. (5) An enforcement notice which relates to a direction given under section 13, 13A or 14 of this Act must either— (a) require the person to whom the direction was given to take the specified measures within a specified period which— (i) where the measures consist of or include the construction, execution, alteration, demolition or removal of a building or other works, must not be less than thirty days beginning with the date of service of the notice, and (ii) in any other case, must not be less than seven days beginning with that date; or (b) require him not to do specified things, or cause or permit specified things to be done, until the specified measures have been taken. (6) Subject to section 18E(2) of this Act, an enforcement notice requiring a person not to cause or permit anything to be done shall be construed as requiring him to take all such steps as in any particular circumstances are practicable and necessary to prevent that thing from being done. (18C) (1) Any person who, without reasonable excuse, fails to comply with an enforcement notice served on him shall be guilty of an offence and liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to a fine. (2) Where a person is convicted of an offence under subsection (1) above, then, if without reasonable excuse the failure in respect of which he was convicted is continued after the conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding one-tenth of level 5 on the standard scale for each day on which the failure continues. (3) Any person who intentionally interferes with any building constructed or works executed on any land in compliance with an enforcement notice or with anything installed on, under, over or across any land in compliance with such a notice shall be guilty of an offence and liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to a fine. (18D) (1) The person on whom an enforcement notice is served may serve on the Secretary of State a notice in writing of his objection to the enforcement notice, specifying the grounds of the objection. (2) Any notice of objection under subsection (1) above must be served— (a) where the enforcement notice specifies measures falling within section 18B(5)(a)(i) of this Act, before the end of the period of thirty days beginning with the date on which the enforcement notice was served, or (b) in any other case, before the end of the period of seven days beginning with that date. (3) The grounds of objection to an enforcement notice are— (a) that the general requirements of the direction which are specified in the notice for the purposes of section 18A(1)(a) of this Act have been complied with, (b) that the notice purports to impose a requirement which could not have been imposed by a direction given under the provision under which the direction to which the notice relates was given, or (c) that any requirement of the notice— (i) is unnecessary for complying with the general requirements specified as mentioned in paragraph (a) above and should be dispensed with, or (ii) having regard to the terms of those general requirements, is excessively onerous or inconvenient and should be modified in a manner specified in the notice of objection under subsection (1) above. (4) Where the person on whom an enforcement notice is served serves a notice under subsection (1) above objecting to the enforcement notice, the Secretary of State shall consider the grounds of the objection and, if so required by the objector, shall afford to him an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose, and shall then serve on the objector a notice in writing either— (a) confirming the enforcement notice as originally served, or (b) confirming it subject to one or more modifications specified in the notice under this subsection, or (c) cancelling the enforcement notice. (5) An enforcement notice to which an objection has been made under subsection (1) above— (a) if it contains such a requirement as is mentioned in section 18B(3) or (5)(b) of this Act, shall continue to have effect as originally served until it has been cancelled, or it has been confirmed subject to modification by a notice under subsection (4) above, and (b) in any other case, shall not take effect until it has been confirmed (with or without modification) by a notice under subsection (4) above. (18E) (1) An enforcement notice served on any person— (a) may be revoked by a notice served on him by an authorised person, and (b) may be varied by a further enforcement notice. (2) Sections 15 and 16 of this Act apply to an enforcement notice as they apply to the direction to which the notice relates. (3) The ownership of any property shall not be affected by reason only that it is placed on or under or affixed to, any land in compliance with an enforcement notice. (4) Where an authorised person has served an enforcement notice specifying the general requirements of a direction with which the person on whom it is served has, in the opinion of the authorised person, failed to comply, the person on whom the notice is served shall not be taken, for the purposes of section 12(9), 13(4), 13A(3) or 14(7) of this Act, to have failed to comply with the direction by reason of the matters specified in the notice. (5) Subsection (4) above does not apply in relation to any proceedings commenced before the service of the enforcement notice. (6) Where an enforcement notice has been served in relation to a direction, the fact that the notice specifies certain general requirements of the direction as those with which the person on whom the notice is served has, in the opinion of the authorised person, failed to comply shall not in any proceedings be evidence that any other requirement of the direction has been complied with. (7) In this section direction means a direction under section 12, 13, 13A or 14 of this Act.

Offences relating to security at aerodromes etc.

Offences relating to security at aerodromes etc

5

After section 21 of the Aviation Security Act 1982 there is inserted—

(21A) (1) Subject to subsection (3) below, a person commits an offence if, in answer to a question which— (a) relates to any baggage, cargo or stores (whether belonging to him or to another) that is or are intended for carriage by a civil aircraft registered or operating in the United Kingdom, and (b) is put to him for purposes to which this Part of this Act applies— (i) by any of the persons mentioned in subsection (2) below, (ii) by any employee or agent of such a person in his capacity as employee or agent, or (iii) by a constable, he makes a statement which he knows to be false in a material particular, or recklessly makes a statement which is false in a material particular. (2) The persons referred to in subsection (1)(b) above are— (a) the manager of an aerodrome in the United Kingdom, (b) the operator of one or more aircraft registered or operating in the United Kingdom, and (c) any person who— (i) is permitted to have access to a restricted zone of an aerodrome for the purposes of the activities of a business carried on by him, and (ii) has control in that restricted zone over the baggage, cargo or stores to which the question relates. (3) Subsection (1) above does not apply in relation to any statement made by an authorised person in the exercise of the power conferred by section 20(2)(aa) of this Act. (4) A person guilty of an offence under subsection (1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. (5) In this section— - cargo includes mail; - civil aircraft has the same meaning as in section 3 of this Act; and - stores means any goods intended for sale or use on an aircraft, including spare parts and other articles of equipment, whether or not for immediate fitting. (21B) (1) Subject to subsection (4) below, a person commits an offence if— (a) for the purpose of, or in connection with, an application made by him or another for the issue of an identity document to which this subsection applies, or (b) in connection with the continued holding by him or another of any such document which has already been issued, he makes to any of the persons specified in subsection (3) below, to any employee or agent of such a person or to a constable, a statement which he knows to be false in a material particular, or recklessly makes to any of those persons, to any such employee or agent or to a constable, a statement which is false in a material particular. (2) Subsection (1) above applies to any identity document which is to be or has been issued by any of the persons specified in subsection (3) below in accordance with arrangements the maintenance of which is required by a direction given by the Secretary of State under section 14 of this Act. (3) The persons referred to in subsection (1) above are— (a) the manager of an aerodrome in the United Kingdom, (b) the authority responsible for an air navigation installation in the United Kingdom, (c) the operator of one or more aircraft registered or operating in the United Kingdom, and (d) any person who is permitted to have access to a restricted zone of an aerodrome or air navigation installation for the purposes of the activities of a business carried on by him. (4) Subsection (1) above does not apply in relation to any statement made by an authorised person in the exercise of the power conferred by section 20(2)(aa) of this Act. (5) A person guilty of an offence under subsection (1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. (21C) (1) A person shall not— (a) go, with or without a vehicle, onto any part of a restricted zone of— (i) an aerodrome, or (ii) an air navigation installation which does not form part of an aerodrome, except with the permission of the manager of the aerodrome, the authority responsible for the air navigation installation or a person acting on behalf of that manager or authority, and in accordance with any conditions subject to which that permission is for the time being granted, or (b) remain on any part of such a restricted zone after being requested to leave by the manager of the aerodrome, the authority responsible for the air navigation installation or a person acting on behalf of that manager or authority. (2) Subsection (1)(a) above does not apply unless it is proved that, at the material time, notices stating that the area concerned was a restricted zone were posted so as to be readily seen and read by persons entering the restricted zone. (3) A person who contravenes subsection (1) above without lawful authority or reasonable excuse shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale. (21D) (1) A person shall not— (a) get into or onto an aircraft at an aerodrome in the United Kingdom except with the permission of the operator of the aircraft or a person acting on his behalf, or (b) remain on an aircraft at such an aerodrome after being requested to leave by the operator of the aircraft or a person acting on his behalf. (2) A person who contravenes subsection (1) above without lawful authority or reasonable excuse shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale. (21E) (1) A person who— (a) intentionally obstructs an authorised person acting in the exercise of a power conferred on him by or under this Part of this Act, or (b) falsely pretends to be an authorised person, commits an offence. (2) A person guilty of an offence under subsection (1)(a) above shall be liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both. (3) A person guilty of an offence under subsection (1)(b) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Air cargo agents

Air cargo agents

6

After section 21E of the Aviation Security Act 1982 there is inserted—

(21F) (1) The Secretary of State may by regulations made by statutory instrument make provision, for purposes to which this Part of this Act applies, in relation to persons (in this section referred to as air cargo agents) who carry on a business of handling cargo which is to be delivered (whether by them or any other person) to the operator of any aircraft for carriage from any aerodrome in the United Kingdom by a civil aircraft. (2) Regulations under this section may, in particular— (a) enable the Secretary of State to maintain a list of air cargo agents who are approved by him for purposes related to aviation security, to include the name of an air cargo agent on that list, on application being made to the Secretary of State in accordance with the regulations, if he is satisfied as to such matters as are specified in the regulations, and to remove the name of any person from that list in such circumstances as are so specified, (b) provide that any provision of this Part of this Act which applies in relation to persons who are permitted to have access to a restricted zone of an aerodrome for the purposes of the activities of a business (including any such provision which creates a criminal offence) shall also apply, with such modifications as are specified in the regulations, in relation to air cargo agents included on any such list, (c) amend sections 21A(2), 21B(3) and 32(2) of this Act by including references to air cargo agents included on any such list, (d) make provision (including any such provision as is mentioned in paragraphs (a) to (c) above) relating to a class of air cargo agents specified in the regulations and not to other air cargo agents, (e) make different provision for different cases, and (f) make such incidental, supplementary or transitional provision as the Secretary of State considers necessary or expedient in consequence of any provision made by the regulations. (3) Before making any regulations under this section the Secretary of State shall consult organisations appearing to him to represent persons affected by the proposed regulations. (4) Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. (5) Without prejudice to the generality of sections 12 and 14 of this Act, the exemptions that may be included in any direction given to an operator of aircraft under section 12 or 14 which requires the carrying out of searches of cargo, or the taking of any other measures in relation to cargo, include exemptions from such requirements in relation to cargo received from any air cargo agent included on any list maintained by the Secretary of State under regulations under this section or from any air cargo agent falling within a class of such air cargo agents specified in the direction. (6) In this section— - cargo includes stores and mail; and - stores means any goods intended for sale or use on an aircraft, including spare parts and other articles of equipment, whether or not for immediate fitting.

Reporting of certain occurrences

Duty to report certain occurrences

7

After section 21F of the Aviation Security Act 1982 there is inserted—

(21G) (1) For purposes to which this Part of this Act applies, the Secretary of State may by regulations made by statutory instrument require such persons as are specified in the regulations to make a report to him, in such manner and within such period as are so specified, of any occurrence of a description so specified. (2) Before making any regulations under this section, the Secretary of State shall consult organisations appearing to him to represent persons affected by the proposed regulations. (3) Regulations under this section may— (a) provide that any person who, in making a report required by the regulations, makes a statement which he knows to be false in a material particular, or recklessly makes a statement which is false in a material particular, is to be guilty of an offence and liable— (i) on summary conviction, to a fine not exceeding the statutory maximum; (ii) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both, and (b) provide for persons to be guilty of an offence in such other circumstances as may be specified in the regulations and to be liable on summary conviction to a fine not exceeding level 5 on the standard scale. (4) Regulations under this section may require the reporting of occurrences taking place outside the United Kingdom only if those occurrences relate to aircraft registered in the United Kingdom. (5) Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Other amendments

Other amendments of Aviation Security Act 1982

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• (1) The further amendments of the Aviation Security Act 1982 specified in Schedule 1 to this Act have effect.

• (2) Paragraphs 4(3), 5(3) and 6(3) of that Schedule do not have effect in any case where the relevant conviction of an offence under section 12(9), 13(4)(a) or 14(7)(a) of the Aviation Security Act 1982 occurred before the commencement of those paragraphs.

Part II — Offences against the Safety of Ships and Fixed Platforms

Hijacking of ships

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• (1) A person who unlawfully, by the use of force or by threats of any kind, seizes a ship or exercises control of it, commits the offence of hijacking a ship, whatever his nationality and whether the ship is in the United Kingdom or elsewhere, but subject to subsection (2) below.

• (2) Subsection (1) above does not apply in relation to a warship or any other ship used as a naval auxiliary or in customs or police service unless—

• (a) the person seizing or exercising control of the ship is a United Kingdom national, or

• (b) his act is committed in the United Kingdom, or

• (c) the ship is used in the naval or customs service of the United Kingdom or in the service of any police force in the United Kingdom.

• (3) A person guilty of the offence of hijacking a ship is liable on conviction on indictment to imprisonment for life.

Seizing or exercising control of fixed platforms

10

• (1) A person who unlawfully, by the use of force or by threats of any kind, seizes a fixed platform or exercises control of it, commits an offence, whatever his nationality and whether the fixed platform is in the United Kingdom or elsewhere.

• (2) A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for life.

Destroying ships or fixed platforms or endangering their safety

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• (1) Subject to subsection (5) below, a person commits an offence if he unlawfully and intentionally—

• (a) destroys a ship or a fixed platform,

• (b) damages a ship, its cargo or a fixed platform so as to endanger, or to be likely to endanger, the safe navigation of the ship, or as the case may be, the safety of the platform, or

• (c) commits on board a ship or on a fixed platform an act of violence which is likely to endanger the safe navigation of the ship, or as the case may be, the safety of the platform.

• (2) Subject to subsection (5) below, a person commits an offence if he unlawfully and intentionally places, or causes to be placed, on a ship or fixed platform any device or substance which—

• (a) in the case of a ship, is likely to destroy the ship or is likely so to damage it or its cargo as to endanger its safe navigation, or

• (b) in the case of a fixed platform, is likely to destroy the fixed platform or so to damage it as to endanger its safety.

• (3) Nothing in subsection (2) above is to be construed as limiting the circumstances in which the commission of any act—

• (a) may constitute an offence under subsection (1) above, or

• (b) may constitute attempting or conspiring to commit, or aiding, abetting, counselling, procuring or inciting, or being art and part in, the commission of such an offence.

• (4) Except as provided by subsection (5) below, subsections (1) and (2) above apply whether any such act as is mentioned in those subsections is committed in the United Kingdom or elsewhere and whatever the nationality of the person committing the act.

• (5) Subsections (1) and (2) above do not apply in relation to any act committed in relation to a warship or any other ship used as a naval auxiliary or in customs or police service unless—

• (a) the person committing the act is a United Kingdom national, or

• (b) his act is committed in the United Kingdom, or

• (c) the ship is used in the naval or customs service of the United Kingdom or in the service of any police force in the United Kingdom.

• (6) A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for life.

• (7) In this section—

• act of violence means—

• (a) any act done in the United Kingdom which constitutes the offence of murder, attempted murder, manslaughter, culpable homicide or assault or an offence under section 18, 20, 21, 22, 23, 24, 28 or 29 of the Offences against the Person Act 1861 or under section 2 of the Explosive Substances Act 1883, and

• (b) any act done outside the United Kingdom which, if done in the United Kingdom, would constitute such an offence as is mentioned in paragraph (a) above, and

• unlawfully—

• (a) in relation to the commission of an act in the United Kingdom, means so as (apart from this Act) to constitute an offence under the law of the part of the United Kingdom in which the act is committed, and

• (b) in relation to the commission of an act outside the United Kingdom, means so that the commission of the act would (apart from this Act) have been an offence under the law of England and Wales if it had been committed in England and Wales or of Scotland if it had been committed in Scotland.

Other acts endangering or likely to endanger safe navigation

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• (1) Subject to subsection (6) below, it is an offence for any person unlawfully and intentionally—

• (a) to destroy or damage any property to which this subsection applies, or

• (b) seriously to interfere with the operation of any such property,

where the destruction, damage or interference is likely to endanger the safe navigation of any ship.

• (2) Subsection (1) above applies to any property used for the provision of maritime navigation facilities, including any land, building or ship so used, and including any apparatus or equipment so used, whether it is on board a ship or elsewhere.

• (3) Subject to subsection (6) below, it is also an offence for any person intentionally to communicate any information which he knows to be false in a material particular, where the communication of the information endangers the safe navigation of any ship.

• (4) It is a defence for a person charged with an offence under subsection (3) above to prove that, when he communicated the information, he was lawfully employed to perform duties which consisted of or included the communication of information and that he communicated the information in good faith in performance of those duties.

• (5) Except as provided by subsection (6) below, subsections (1) and (3) above apply whether any such act as is mentioned in those subsections is committed in the United Kingdom or elsewhere and whatever the nationality of the person committing the act.

• (6) For the purposes of subsections (1) and (3) above any danger, or likelihood of danger, to the safe navigation of a warship or any other ship used as a naval auxiliary or in customs or police service is to be disregarded unless—

• (a) the person committing the act is a United Kingdom national, or

• (b) his act is committed in the United Kingdom, or

• (c) the ship is used in the naval or customs service of the United Kingdom or in the service of any police force in the United Kingdom.

• (7) A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for life.

• (8) In this section unlawfully has the same meaning as in section 11 of this Act.

Offences involving threats

13

• (1) A person commits an offence if—

• (a) in order to compel any other person to do or abstain from doing any act, he threatens that he or some other person will do in relation to any ship or fixed platform an act which is an offence by virtue of section 11(1) of this Act, and

• (b) the making of that threat is likely to endanger the safe navigation of the ship or, as the case may be, the safety of the fixed platform.

• (2) Subject to subsection (4) below, a person commits an offence if—

• (a) in order to compel any other person to do or abstain from doing any act, he threatens that he or some other person will do an act which is an offence by virtue of section 12(1) of this Act, and

• (b) the making of that threat is likely to endanger the safe navigation of any ship.

• (3) Except as provided by subsection (4) below, subsections (1) and (2) above apply whether any such act as is mentioned in those subsections is committed in the United Kingdom or elsewhere and whatever the nationality of the person committing the act.

• (4) Section 12(6) of this Act applies for the purposes of subsection (2)(b) above as it applies for the purposes of section 12(1) and (3) of this Act.

• (5) A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for life.

Ancillary offences

14

• (1) Where a person (of whatever nationality) does outside the United Kingdom any act which, if done in the United Kingdom, would constitute an offence falling within subsection (2) below, his act shall constitute that offence if it is done in connection with an offence under section 9, 10, 11 or 12 of this Act committed or attempted by him.

• (2) The offences falling within this subsection are murder, attempted murder, manslaughter, culpable homicide and assault and offences under sections 18, 20, 21, 22, 23, 28 and 29 of the Offences against the Person Act 1861 and section 2 of the Explosive Substances Act 1883.

• (3) Subsection (1) above has effect without prejudice to section 281 or 282 of the Merchant Shipping Act 1995 (offences committed on board British ships or by British seamen) or section 10 of the Petroleum Act 1998 (application of criminal law to offshore installations).

• (4) It is an offence for any person in the United Kingdom to induce or assist the commission outside the United Kingdom of any act which—

• (a) would, but for subsection (2) of section 9 of this Act, be an offence under that section, or

• (b) would, but for subsection (5) of section 11 of this Act, be an offence under that section, or

• (c) would, but for subsection (6) of section 12 of this Act, be an offence under that section, or

• (d) would, but for subsection (4) of section 13 of this Act, be an offence under that section.

• (5) A person who commits an offence under subsection (4) above is liable on conviction on indictment to imprisonment for life.

• (6) Subsection (4) above has effect without prejudice to the operation, in relation to any offence under section 9, 11, 12 or 13 of this Act—

• (a) in England and Wales, or in Northern Ireland, of section 8 of the Accessories and Abettors Act 1861, or

• (b) in Scotland, of any rule of law relating to art and part guilt.

Master’s power of delivery

15

• (1) The provisions of this section shall have effect for the purposes of any proceedings before any court in the United Kingdom.

• (2) If the master of a ship, wherever that ship may be, and whatever the State (if any) in which it may be registered, has reasonable grounds to believe that any person on board the ship has—

• (a) committed any offence under section 9, 11, 12 or 13 of this Act,

• (b) attempted to commit such an offence, or

• (c) aided, abetted, counselled, procured or incited, or been art and part in, the commission of such an offence,

in relation to any ship other than a warship or other ship used as a naval auxiliary or in customs or police service, he may deliver that person to an appropriate officer in the United Kingdom or any other Convention country.

• (3) Where the master of a ship intends to deliver any person in the United Kingdom or any other Convention country in accordance with subsection (2) above he shall give notification to an appropriate officer in that country—

• (a) of his intention to deliver that person to an appropriate officer in that country; and

• (b) of his reasons for intending to do so.

• (4) Any notification under subsection (3) above must be given—

• (a) before the ship in question has entered the territorial sea of the country concerned; or

• (b) if in the circumstances it is not reasonably practicable to comply with paragraph (a) above, as soon as reasonably practicable after the ship has entered that territorial sea.

• (5) Where the master of a ship delivers any person to an appropriate officer in any country under subsection (2) above he shall—

• (a) make to an appropriate officer in that country such oral or written statements relating to the alleged offence as that officer may reasonably require; and

• (b) deliver to an appropriate officer in that country such other evidence relating to the alleged offence as is in the master’s possession.

• (6) The master of a ship who without reasonable excuse fails to comply with subsection (3) or (5) above is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (7) It is a defence for a master of a ship charged with an offence under subsection (6) above of failing to comply with subsection (3) above to show that he believed on reasonable grounds that the giving of the notification required by subsection (3) above would endanger the safety of the ship and, except where the country concerned is the United Kingdom, that either—

• (a) he notified some other competent authority in the country concerned within the time required by subsection (4) above, or

• (b) he believed on reasonable grounds that the giving of notification to any competent authority in that country would endanger the safety of the ship.

• (8) In this section—

• appropriate officer means—

• (a) in relation to the United Kingdom, a constable or immigration officer, and

• (b) in relation to any other Convention country, an officer having functions corresponding to the functions in the United Kingdom either of a constable or of an immigration officer,

• Convention country means a country in which the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, which was signed at Rome on 10th March 1988, is for the time being in force; and Her Majesty may by Order in Council certify that any country specified in the Order is for the time being a Convention country and any such Order in Council for the time being in force shall be conclusive evidence that the country in question is for the time being a Convention country, and

• master has the same meaning as in the Merchant Shipping Act 1995.

Prosecution of offences and proceedings

16

• (1) Proceedings for an offence under any provision of this Part of this Act shall not be instituted—

• (a) in England and Wales, except by, or with the consent of, the Attorney General, and

• (b) in Northern Ireland, except by, or with the consent of, the Attorney General for Northern Ireland.

• (2) As respects Scotland, for the purpose of conferring on the sheriff jurisdiction to entertain proceedings for an offence under or by virtue of this Part of this Act, any such offence shall, without prejudice to any jurisdiction exercisable apart from this subsection, be deemed to have been committed in any place in Scotland where the offender may for the time being be.

Interpretation of Part II

17

• (1) In this Part of this Act—

• fixed platform means—

• (a) any offshore installation, within the meaning of the Mineral Workings (Offshore Installations) Act 1971, which is not a ship, and

• (b) any other artificial island, installation or structure which—

• (i) permanently rests on, or is permanently attached to, the seabed,

• (ii) is maintained for the purposes of the exploration or exploitation of resources or for other economic purposes, and

• (iii) is not connected with dry land by a permanent structure providing access at all times and for all purposes;

• naval service includes military and air force service;

• ship means any vessel (including hovercraft, submersible craft and other floating craft) other than one which—

• (a) permanently rests on, or is permanently attached to, the seabed, or

• (b) has been withdrawn from navigation or laid up; and

• United Kingdom national means an individual who is—

• (a) a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen,

• (b) a person who under the British Nationality Act 1981 is a British subject, or

• (c) a British protected person (within the meaning of that Act).

• (2) For the purposes of this Part of this Act the territorial waters adjacent to any part of the United Kingdom shall be treated as included in that part of the United Kingdom.

Part III — Protection of Ships and Harbour Areas against Acts of Violence

General purposes

Purposes to which Part III applies

18

• (1) The purposes to which this Part of this Act applies are the protection against acts of violence—

• (a) of ships, and of persons or property on board ships, and

• (b) of harbour areas, of such persons as are at any time present in any part of a harbour area and of such property as forms part of a harbour area or is at any time (whether permanently or temporarily) in any part of a harbour area.

• (2) In this Part of this Act act of violence means any act (whether actual or potential, and whether done or to be done in the United Kingdom or elsewhere) which either—

• (a) being an act done in Great Britain, constitutes, or

• (b) if done in Great Britain would constitute,

the offence of murder, attempted murder, manslaughter, culpable homicide or assault, or an offence under section 18, 20, 21, 22, 23, 24, 28 or 29 of the Offences against the Person Act 1861, under section 2 of the Explosive Substances Act 1883 or under section 1 of the Criminal Damage Act 1971 or, in Scotland, the offence of malicious mischief.

• (3) In this Part of this Act harbour area means—

• (a) the aggregate of—

• (i) any harbour in the United Kingdom in respect of which there is a harbour authority within the meaning of the Merchant Shipping Act 1995, and

• (ii) any land which is adjacent to such a harbour and which is either land occupied by the harbour authority or land in respect of which the harbour authority has functions of improvement, maintenance or management, or

• (b) any hoverport which does not form part of any area which falls within paragraph (a)(i) or (ii) above.

Powers of Secretary of State

Power of Secretary of State to require information

19

• (1) The Secretary of State may, by notice in writing served on any of the following persons—

• (a) the owner, charterer, manager or master of—

• (i) a British ship, or

• (ii) any other ship which is in, or appears to the Secretary of State to be likely to enter, a harbour area,

• (b) a harbour authority,

• (c) any person who carries on harbour operations in a harbour area, and

• (d) any person who is permitted to have access to a restricted zone of a harbour area for the purposes of the activities of a business carried on by him,

require that person to provide the Secretary of State with such information specified in the notice as the Secretary of State may require in connection with the exercise by the Secretary of State of his functions under this Part of this Act.

• (2) A notice under subsection (1) above shall specify a period before the end of which the information required by the notice in accordance with subsection (1) above is to be furnished to the Secretary of State.

• (3) Any such notice may also require the person on whom it is served, after he has furnished to the Secretary of State the information required by the notice in accordance with subsection (1) above, to inform the Secretary of State if at any time the information previously furnished to the Secretary of State (including any information furnished in pursuance of a requirement imposed by virtue of this subsection) is rendered inaccurate by any change of circumstances (including the taking of any further measures for purposes to which this Part of this Act applies or the alteration or discontinuance of any measures already being taken).

• (4) In so far as such a notice requires further information to be furnished to the Secretary of State in accordance with subsection (3) above, it shall require that information to be furnished to him before the end of such period ... as is specified in the notice for the purposes of this subsection.

• (5) Any person who—

• (a) without reasonable excuse, fails to comply with a requirement imposed on him by a notice under this section, or

• (b) in furnishing any information so required, makes a statement which he knows to be false in a material particular, or recklessly makes a statement which is false in a material particular,

commits an offence.

• (6) A person guilty of an offence under subsection (5) above is liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum;

• (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

• (7) A notice served on a person under subsection (1) above may at any time—

• (a) be revoked by a notice in writing served on him by the Secretary of State, or

• (b) be varied by a further notice under subsection (1) above.

Designation of restricted zones of harbour areas

20

• (1) A harbour authority may, and shall if so requested in writing by the Secretary of State, apply to the Secretary of State for the designation of the whole or any part of the harbour area as a restricted zone for the purposes of this Part of this Act.

• (1A) A harbour operator may, and shall if so requested in writing by the Secretary of State, apply to the Secretary of State for the designation of the whole or any part of the operating area as a restricted zone for the purposes of this Part of this Act.

• (2) An application under subsection (1) or (1A)above shall be in such form, and accompanied by such plans, as the Secretary of State may require.

• (3) If the Secretary of State approves an application under subsection (1) or (1A) above with or without modifications, he shall designate the restricted zone accordingly.

• (4) Before approving an application with modifications, the Secretary of State shall consult the applicant.

• (5) If a person is requested in writing by the Secretary of State to make an application under subsection (1) or (1A)above within a specified period but fails to do so within that period, the Secretary of State may designate the whole or any part of the harbour area or, as the case may be, of the operating area as a restricted zone.

• (6) The whole or any part of a harbour area or, as the case may be, of an operating areamay be designated as a restricted zone, or part of a restricted zone, for specified days or times of day only.

• (7) The Secretary of State shall give notice to the person who made, or was requested to make, the application of any designation under this section and the designation of the restricted zone shall take effect on the giving of the notice.

• (8) Where the whole or any part of a harbour area or, as the case may be, of an operating areahas been designated under this section as a restricted zone—

• (a) subsections (1) to (7) above also have effect in relation to any variation of the designation, and

• (b) the designation may at any time be revoked by the Secretary of State.

• (9) In this Part of this Act harbour operator means a person who—

• (a) carries on harbour operations in a harbour area, and

• (b) is designated for the purposes of this Part by an order made by the Secretary of State;

and operating area means, in relation to that person, so much of the harbour area as is under his control.

• (10) An order under subsection (9) above may be revoked by a subsequent order.

Power to impose restrictions in relation to ships

21

• (1) For purposes to which this Part of this Act applies, the Secretary of State may give a direction in writing to a harbour authority or to the owner, charterer, manager or master of a British ship, or of any other ship which is in , or appears to the Secretary of State to be likely to enter, a harbour area, requiring that person—

• (a) not to cause or permit persons or property to go or be taken on board any ship to which the direction relates, or to come or be brought into proximity to any such ship, unless such searches of those persons or that property as are specified in the direction have been carried out by constables or by other persons of a description specified in the direction, or

• (b) not to cause or permit any such ship to enter or (as the case may be) to leave a harbour area unless such searches (of persons or property or of the ship itself) as are specified in the direction have been carried out by constables or by other persons of a description so specified.

• (2) For purposes to which this Part of this Act applies, the Secretary of State may give a direction in writing to the owner, charterer, manager or master of—

• (a) a British ship, or

• (b) any other ship which is in a harbour area,

requiring him not to cause or permit the ship to go to sea unless such modifications or alterations of the ship, or of apparatus or equipment installed in or carried on board the ship, as are specified in the direction have first been carried out, or such additional apparatus or equipment as is so specified is first installed in or carried on board the ship.

• (3) In giving any direction under subsection (2) above, the Secretary of State shall allow, and shall specify in the direction, such period as appears to him to be reasonably required for carrying out the modifications or alterations or installing or obtaining the additional apparatus or equipment in question; and the direction shall not take effect before the end of the period so specified.

• (4) Subject to the following provisions of this Part of this Act, a direction given to an owner, charterer or manager of a ship under subsection (1) or (2) above may be given so as to relate either to all the ships falling within that subsection of which at the time when the direction is given or at any subsequent time he is the owner, charterer or manager or only to one or more such ships specified in the direction; and a direction given to a harbour authority under subsection (1) above may be given so as to relate either to all ships which at the time when the direction is given or at any subsequent time are in any part of the harbour area, or to a class of such ships specified in the direction.

• (5) Subject to the following provisions of this Part of this Act, a direction under subsection (1) above may be given so as to relate—

• (a) either to all persons or only to one or more persons, or persons of one or more descriptions, specified in the direction, and

• (b) either to property of every description or only to particular property, or property of one or more descriptions, so specified.

• (6) Subject to the following provisions of this Part of this Act, any direction given under this section to any person not to cause or permit anything to be done shall be construed as requiring him to take all such steps as in any particular circumstances are practicable and necessary to prevent that thing from being done.

• (7) A direction may be given under this section to a person appearing to the Secretary of State to be about to become such a person as is mentioned in subsection (1) or (2) above, but a direction given to a person by virtue of this subsection shall not take effect until he becomes a person so mentioned and, in relation to a direction so given, the preceding provisions of this section shall apply with the necessary modifications.

• (8) Any person who, without reasonable excuse, fails to comply with a direction given to him under this section is guilty of an offence and liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum;

• (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

• (9) Where a person is convicted of an offence under subsection (8) above, then, if without reasonable excuse the failure in respect of which he was convicted is continued after the conviction, he is guilty of a further offence and liable on summary conviction to a fine not exceeding one-tenth of level 5 on the standard scale one-tenth of the greater of £5,000 or level 4 on the standard scale for each day on which the failure continues.

Power to require harbour authorities to promote searches in harbour areas

22

• (1) For purposes to which this Part of this Act applies, the Secretary of State may give a direction in writing to—

• (a) a harbour authority, or

• (b) a harbour operator,

requiring that person to use his best endeavours to secure that such searches to which this section applies as are specified in the direction are carried out by constables or by other persons of a description specified in the direction.

• (2) The searches to which this section applies, in relation to a harbour area, are searches—

• (a) of the harbour area or any part of it,

• (b) of any ship which at the time when the direction is given or at any subsequent time is in the harbour area, and

• (c) of persons and property (other than ships) which may at any time be in the harbour area.

• (2A) The searches to which this section applies, in relation to an operating area, are searches—

• (a) of the operating area or any part of it,

• (b) of any ship which at the time when the direction is given or at any subsequent time is in the operating area, and

• (c) of persons and property (other than ships) which may at any time be in the operating area.

• (3) Where a direction under this section to a harbour authority is for the time being in force, then, subject to subsections (4) and (5) below, if a constable or any other person specified in the direction in accordance with this section has reasonable cause to suspect that an article to which this subsection applies is in, or may be brought into, any part of the harbour area, he may, by virtue of this subsection and without a warrant, search any part of the harbour area or any ship, vehicle, goods or other moveable property of any description which, or any person who, is for the time being in any part of the harbour area, and for that purpose—

• (a) may enter any building or works in the harbour area, or enter upon any land in the harbour area, if need be by force,

• (b) may go on board any such ship and inspect the ship,

• (c) may stop any such ship and, for so long as may be necessary for that purpose, prevent it from being moved, and

• (d) may stop any such vehicle, goods, property or person and detain it or him for so long as may be necessary for that purpose.

• (3A) Subsection (3) above applies in relation to a direction under this section to a harbour operator as it applies in relation to a direction to a harbour authority, but as if the references to the harbour area (or to any part of the harbour area) were references to the operating area (or any part of the operating area).

• (4) In the case of premises used only as a private dwelling any power to search or enter conferred by subsection (3) above may not be exercised except—

• (a) under the authority of a warrant issued by a justice of the peace; and

• (b) by a constable . . .—

• (i) who is a member of a body of constables maintained in England or Wales by a local policing body, in Scotland by a police authority, or in England, Wales or Scotland by or an authority which has entered into an agreement with the Director General of the Independent Office for Police Conduct under section 26 of the Police Reform Act 2002 (c. 30); or

• (ii) in Northern Ireland, by the Northern Ireland Policing Board or an authority which has entered into an agreement with the Police Ombudsman for Northern Ireland under section 60 of the Police (Northern Ireland) Act 1998; , ...

• (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) If, on an application made by a constable, a justice of the peace is satisfied that there are reasonable grounds for suspecting that an article to which subsection (3) above applies is in any premises used only as a private dwelling, he may issue a warrant authorising a constable to enter and search the premises.

• (6) Subsection (3) above applies to the following articles—

• (a) any firearm, or any article having the appearance of being a firearm, whether capable of being discharged or not,

• (b) any explosive, any article manufactured or adapted (whether in the form of a bomb, grenade or otherwise) so as to have the appearance of being an explosive, whether it is capable of producing a practical effect by explosion or not, or any article marked or labelled so as to indicate that it is or contains an explosive, and

• (c) any article (not falling within either of the preceding paragraphs) made or adapted for use for causing injury to or incapacitating a person or for destroying or damaging property, or intended by the person having it with him for such use, whether by him or by any other person.

• (7) Any person who—

• (a) without reasonable excuse, fails to comply with a direction given to him under this section, or

• (b) intentionally obstructs a person acting in the exercise of a power conferred on him by subsection (3) above,

commits an offence.

• (8) A person guilty of an offence under subsection (7) above is liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum;

• (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

• (9) Where a person is convicted of an offence under subsection (7)(a) above, then, if without reasonable excuse the failure in respect of which he was convicted is continued after the conviction, he is guilty of a further offence and liable on summary conviction to a fine not exceeding one-tenth of level 5 on the standard scale one-tenth of the greater of £5,000 or level 4 on the standard scale for each day on which the failure continues.

• (10) Subsection (3) above has effect without prejudice to the operation, in relation to any offence under this Act—

• (a) in England and Wales, of sections 17, 24 and 24A of the Police and Criminal Evidence Act 1984 (which confer power to arrest without warrant and to enter premises for the purpose of making an arrest) or of section 3 of the Criminal Law Act 1967 (use of force in making arrest etc.), or

• (b) in Scotland, of any rule of law relating to the power to arrest without warrant, or

• (c) in Northern Ireland, of Articles 19, 26 and 26A of the Police and Criminal Evidence (Northern Ireland) Order 1989 or of section 3 of the Criminal Law Act (Northern Ireland) 1967.

Power to require other persons to promote searches

23

• (1) For purposes to which this Part of this Act applies, the Secretary of State may give a direction in writing to any person . . . who—

• (a) carries on harbour operations in a harbour area, or

• (b) is permitted to have access to a restricted zone of a harbour area for the purposes of the activities of a business carried on by him,

requiring him to use his best endeavours to secure that such searches to which this section applies as are specified in the direction are carried out by constables or by other persons of a description specified in the direction.

• (1A) A direction may not be given under this section to—

• (a) a harbour authority, or

• (b) a harbour operator.

• (2) The searches to which this section applies are—

• (a) in relation to a person falling within subsection (1)(a) above, searches—

• (i) of any land which he occupies within the harbour area, and

• (ii) of persons or property which may at any time be on that land; and

• (b) in relation to a person falling within subsection (1)(b) above, searches—

• (i) of any land which he occupies outside the harbour area for the purposes of his business, and

• (ii) of persons or property which may at any time be on that land.

• (3) Any person who, without reasonable excuse, fails to comply with a direction given to him under this section is guilty of an offence and liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum;

• (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

• (4) Where a person is convicted of an offence under subsection (3) above, then, if without reasonable excuse the failure in respect of which he was convicted is continued after the conviction, he is guilty of a further offence and liable on summary conviction to a fine not exceeding one-tenth of level 5 on the standard scale one-tenth of the greater of £5,000 or level 4 on the standard scale for each day on which the failure continues.

General power to direct measures to be taken for purposes to which Part III applies

24

• (1) Subsection (2) below applies to—

• (a) any person who is the owner, charterer or manager of one or more ships which—

• (i) are British ships, or

• (ii) are in a harbour area,

• (b) any harbour authority,

• (c) any person other than a harbour authority who carries on harbour operations in a harbour area, and

• (d) any person who is permitted to have access to a restricted zone of a harbour area for the purposes of the activities of a business carried on by him.

• (2) Subject to the following provisions of this section, the Secretary of State may give a direction in writing to any person to whom this subsection applies requiring him to take such measures for purposes to which this Part of this Act applies as are specified in the direction—

• (a) in the case of a direction given to a person as the owner, charterer or manager of a ship, in respect of all the ships falling within subsection (1)(a) above of which (at the time when the direction is given or at any subsequent time) he is the owner, charterer or manager, or in respect of any such ships specified in the direction,

• (b) in the case of a direction given to a harbour authority, in respect of the harbour area,

• (c) in the case of a direction given to a person as a person falling within subsection (1)(c) above, in respect of the harbour operations carried on by him, and

• (d) in the case of a direction given to a person as a person who is permitted to have access to a restricted zone as mentioned in subsection (1)(d) above, in respect of such activities carried on by that person in that zone as are specified in the direction.

• (3) Without prejudice to the generality of subsection (2) above, the measures to be specified in a direction given under this section to any person to whom that subsection applies may include the provision by that person of persons charged with the duty (at such times as may be specified in the direction)—

• (a) where the direction is given to a person as the owner, charterer or manager of ships, of guarding the ships against acts of violence,

• (b) where the direction is given to a harbour authority, of guarding the harbour area, or persons or property (including ships) in any part of the harbour area, against acts of violence,

• (c) where the direction is given to a person as falling within subsection (1)(c) above, of guarding against acts of violence any ship in the harbour area which is for the time being under his control, or

• (d) where the direction is given to a person as falling within subsection (1)(d) above, of guarding—

• (i) any land outside the harbour area occupied by him for the purposes of his business, any vehicles or equipment used for those purposes and any goods which are in his possession for those purposes, and

• (ii) any ship which is for the time being under his control,

for purposes to which this Part of this Act applies.

• (4) A direction given under this section may be either of a general or of a specific character, and may require any measures specified in the direction to be taken at such time or within such period as may be so specified.

• (5) A direction under this section—

• (a) shall not require any search (whether of persons or of property), and

• (b) shall not require the modification or alteration of any ship, or of any of its apparatus or equipment, or the installation or carriage of additional apparatus or equipment, or prohibit any ship from being caused or permitted to go to sea without some modification or alteration of the ship or its apparatus or equipment or the installation or carriage of additional apparatus or equipment.

• (6) A direction may be given under this section to a person appearing to the Secretary of State to be about to become a person to whom subsection (2) above applies, but a direction given to a person by virtue of this subsection shall not take effect until he becomes a person to whom subsection (2) above applies and, in relation to a direction so given, the preceding provisions of this section shall apply with the necessary modifications.

• (7) Any person who—

• (a) without reasonable excuse, fails to comply with a direction given to him under this section, or

• (b) intentionally interferes with any building constructed or works executed on any land in compliance with a direction under this section or with anything installed on, under, over or across any land in compliance with such a direction,

commits an offence.

• (8) A person guilty of an offence under subsection (7) above is liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum;

• (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

• (9) Where a person is convicted of an offence under subsection (7)(a) above, then, if without reasonable excuse the failure in respect of which he was convicted is continued after the conviction, he is guilty of a further offence and liable on summary conviction to a fine not exceeding one-tenth of level 5 on the standard scale one-tenth of the greater of £5,000 or level 4 on the standard scale for each day on which the failure continues.

• (10) The ownership of any property shall not be affected by reason only that it is placed on or under, or affixed to, any land in compliance with a direction under this section.

Supplemental provisions with respect to directions

Matters which may be included in directions under sections 21 to 24

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• (1) A direction under subsection (1) of section 21 or under section 22 or 23 of this Act may specify the minimum number of persons by whom any search to which the direction relates is to be carried out, the qualifications which persons carrying out any such search are to have, the manner in which any such search is to be carried out, and any apparatus, equipment or other aids to be used for the purpose of carrying out any such search.

• (2) A direction under subsection (2) of section 21 of this Act may specify the qualifications required to be had by persons carrying out any modifications or alterations, or the installation of any additional apparatus or equipment, to which the direction relates.

• (3) A direction under section 24 of this Act may specify—

• (a) the minimum number of persons to be employed for the purposes of any measures required by the direction to be taken by the person to whom it is given, and the qualifications which persons employed for those purposes are to have, and

• (b) any apparatus, equipment or other aids to be used for those purposes.

• (4) Where a direction under any of the preceding provisions of this Part of this Act requires searches to be carried out, or other measures to be taken, by constables, the direction may require the person to whom it is given to inform the chief officer of police for the police area in which the searches are to be carried out or the other measures taken that the Secretary of State considers it appropriate that constables should be duly authorised to carry, and should carry, firearms when carrying out the searches or taking the measures in question.

• (5) Nothing in subsections (1) to (4) above shall be construed as limiting the generality of any of the preceding provisions of this Part of this Act.

• (6) In this section qualifications includes training and experience.

• (7) In the application of this section to Northern Ireland for the words in subsection (4) above from chief officer to measures taken there are substituted the words chief constable of the Royal Ulster Constabulary.

Limitations on scope of directions under sections 21 to 24

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• (1) Without prejudice to section 25(4) of this Act, a direction shall not require or authorise any person to carry a firearm except to the extent necessary for the purpose of removing any firearm found pursuant to a search under section 22 of this Act from the restricted zone and delivering the firearm to a person authorised to carry it.

• (2) A direction shall not have effect in relation to any ship used in naval, customs or police service.

• (3) A direction shall not have effect in relation to any ship which is registered outside the United Kingdom and of which the owner is the Government of a country outside the United Kingdom, or is a department or agency of such a Government, except at a time when any such ship is being used for commercial purposes or is for the time being allocated by that Government, department or agency for such use.

• (4) A direction (except in so far as it requires any building or other works to be constructed, executed, altered, demolished or removed) shall not be construed as requiring or authorising the person to whom the direction was given, or any person acting as his employee or agent, to do anything which, apart from the direction, would constitute an act of violence; but nothing in this subsection shall restrict the use of such force as is reasonable in the circumstances (whether at the instance of the person to whom the direction was given or otherwise) by a constable, or its use by any other person in the exercise of a power conferred by section 22(3) of this Act.

• (5) In so far as a direction requires anything to be done or not done at a place outside the United Kingdom—

• (a) it shall have effect only in relation to—

• (i) British ships, or

• (ii) a requirement not to cause or permit a ship to enter a harbour area unless certain things have, or have not, been done, and

• (b) it shall not have effect so as to require anything to be done or not done in contravention of any provision of the law (whether civil or criminal) in force at that place, other than any such provision relating to breach of contract.

• (6) In so far as a direction given to a harbour authority or to any person mentioned in section 24(1)(c) or (d) of this Act requires a building or other works to be constructed, executed, altered, demolished or removed on land outside the harbour area, or requires any other measures to be taken on such land, the direction shall not confer on the person to whom it is given any rights as against a person having—

• (a) an interest in that land, or

• (b) a right to occupy that land, or

• (c) a right restrictive of its use;

and accordingly, the direction shall not be construed as requiring the person to whom it is given to do anything which would be actionable at the suit or instance of a person having such interest or right in his capacity as a person having that interest or right.

• (7) Nothing in this section shall be construed as derogating from any exemption or immunity of the Crown in relation to the provisions of this Part of this Act.

• (8) In this section direction means a direction under section 21, 22, 23 or 24 of this Act.

General or urgent directions under sections 21 to 24

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• (1) A direction given to any person under section 21, 22, 23 or 24 of this Act need not be addressed to that particular person, but may be framed in general terms applicable to all persons to whom such a direction may be given or to any class of such persons to which that particular person belongs.

• (2) If it appears to the Secretary of State that an exception from any direction given under any of those sections is required as a matter of urgency in any particular case he may, by a notification given (otherwise than in writing) to the person for the time being subject to the direction, authorise that person to disregard the requirements of the direction—

• (a) in relation to such ships or class of ships, in relation to such harbour area or part of a harbour area, in relation to such land outside a harbour area, in relation to such activities or in relation to such persons or property or such description of persons or property, and

• (b) on such occasion or series of occasions, or for such period,

as he may specify; and the direction shall have effect in that case subject to any exceptions so specified.

• (3) Any notification given to any person under subsection (2) above with respect to any direction shall cease to have effect (if it has not already done so)—

• (a) if a direction in writing is subsequently given to that person varying or revoking the original direction, or

• (b) if no such direction in writing is given within the period of thirty days beginning with the date on which the notification was given, at the end of that period.

• (4) Any notification given under subsection (2) above shall be regarded as given to the person to whom it is directed if it is given—

• (a) to any person authorised by that person to receive any such direction or notification,

• (b) where that person is a body corporate, to the secretary, clerk or similar officer of the body corporate, and

• (c) in any other case, to anyone holding a comparable office or position in that person’s employment.

Objections to certain directions under section 24

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• (1) This section applies to any direction given under section 24 of this Act which—

• (a) requires a person to take measures consisting of or including the construction, execution, alteration, demolition or removal of a building or other works, and

• (b) does not contain a statement that the measures are urgently required and that accordingly the direction is to take effect immediately.

• (2) At any time before the end of the period of thirty days beginning with the date on which a direction to which this section applies is given, the person to whom the direction is given may serve on the Secretary of State a notice in writing objecting to the direction, on the grounds that the measures specified in the direction, in so far as they relate to the construction, execution, alteration, demolition or removal of a building or other works—

• (a) are unnecessary and should be dispensed with, or

• (b) are excessively onerous or inconvenient and should be modified in a manner specified in the notice.

• (3) Where the person to whom such a direction is given serves a notice under subsection (2) above objecting to the direction, the Secretary of State shall consider the grounds of the objection and, if so required by the objector, shall afford to him an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose, and shall then serve on the objector a notice in writing either—

• (a) confirming the direction as originally given, or

• (b) confirming it subject to one or more modifications specified in the notice under this subsection, or

• (c) withdrawing the direction;

and the direction shall not take effect until it has been confirmed (with or without modification) by a notice served under this subsection.

Enforcement notices

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• (1) Where an authorised person is of the opinion that any person has failed to comply with any general requirement of a direction given to him under section 21, 22, 23 or 24 of this Act, the authorised person may serve on that person a notice (in this Part of this Act referred to as an enforcement notice)—

• (a) specifying those general requirements of the direction with which he has, in the opinion of the authorised person, failed to comply, and

• (b) specifying, subject to section 30 of this Act, the measures that ought to be taken in order to comply with those requirements.

• (2) For the purposes of this section a requirement of a direction given by the Secretary of State under section 21, 22, 23 or 24 of this Act is a general requirement if the provision imposing the requirement—

• (a) has been included in two or more directions given to different persons (whether or not at the same time), and

• (b) is framed in general terms applicable to all the persons to whom those directions are given.

• (3) If an enforcement notice is served under this section on the owner, charterer or manager of a ship, then (whether or not that service is effected by virtue of section 45(8) of this Act) an authorised person may serve on the master of the ship—

• (a) a copy of the enforcement notice and of the direction to which it relates, and

• (b) a notice stating that the master is required to comply with the enforcement notice,

and, if he does so, sections 31, 32 and 33 of this Act shall have effect as if the enforcement notice had been served on him as well as on the owner, charterer or manager of the ship.

Contents of enforcement notice

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• (1) An enforcement notice may specify in greater detail measures which are described in general terms in those provisions of the direction to which it relates which impose general requirements, but may not impose any requirement which could not have been imposed by a direction given by the Secretary of State under the provision under which the direction was given.

• (2) An enforcement notice may be framed so as to afford the person on whom it is served a choice between different ways of complying with the specified general requirements of the direction.

• (3) Subject to subsection (4) below, an enforcement notice which relates to a direction given under section 21 of this Act must require the person to whom the direction was given not to cause or permit things to be done as mentioned in subsection (1)(a) or (b) or (2) of that section, as the case requires, until the specified measures have been taken.

• (4) In serving an enforcement notice which relates to a direction under section 21(2) of this Act, the authorised person shall allow, and shall specify in the notice, such period as appears to him to be reasonably required for taking the measures specified in the notice; and the notice shall not take effect before the end of the period so specified.

• (5) An enforcement notice which relates to a direction given under section 22, 23 or 24 of this Act must either—

• (a) require the person to whom the direction was given to take the specified measures within a specified period which—

• (i) where the measures consist of or include the construction, execution, alteration, demolition or removal of a building or other works, must not be less than thirty days beginning with the date of service of the notice, and

• (ii) in any other case, must not be less than seven days beginning with that date; or

• (b) require him not to do specified things, or cause or permit specified things to be done, until the specified measures have been taken.

• (6) Subject to section 33(2) of this Act, an enforcement notice requiring a person not to cause or permit anything to be done shall be construed as requiring him to take all such steps as in any particular circumstances are practicable and necessary to prevent that thing from being done.

Offences relating to enforcement notices

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• (1) Any person who, without reasonable excuse, fails to comply with an enforcement notice served on him is guilty of an offence and liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum;

• (b) on conviction on indictment, to a fine.

• (2) Where a person is convicted of an offence under subsection (1) above, then, if without reasonable excuse the failure in respect of which he was convicted is continued after the conviction, he is guilty of a further offence and liable on summary conviction to a fine not exceeding one-tenth of level 5 on the standard scale one-tenth of the greater of £5,000 or level 4 on the standard scale for each day on which the failure continues.

• (3) Any person who intentionally interferes with any building constructed or works executed on any land in compliance with an enforcement notice or with anything installed on, under, over or across any land in compliance with such a notice is guilty of an offence and liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum;

• (b) on conviction on indictment, to a fine.

Objections to enforcement notices

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• (1) The person on whom an enforcement notice is served may serve on the Secretary of State a notice in writing of his objection to the enforcement notice, specifying the grounds of the objection.

• (2) Any notice of objection under subsection (1) above must be served—

• (a) where the enforcement notice specifies measures falling within section 30(5)(a)(i) of this Act, before the end of the period of thirty days beginning with the date on which the enforcement notice was served, or

• (b) in any other case, before the end of the period of seven days beginning with that date.

• (3) The grounds of objection to an enforcement notice are—

• (a) that the general requirements of the direction which are specified in the notice for the purposes of section 29(1)(a) of this Act have been complied with,

• (b) that the notice purports to impose a requirement which could not have been imposed by a direction given under the provision under which the direction to which the notice relates was given, or

• (c) that any requirement of the notice—

• (i) is unnecessary for complying with the general requirements specified as mentioned in paragraph (a) above and should be dispensed with, or

• (ii) having regard to the terms of those general requirements, is excessively onerous or inconvenient and should be modified in a manner specified in the notice of objection under subsection (1) above.

• (4) Where the person on whom an enforcement notice is served serves a notice under subsection (1) above objecting to the enforcement notice, the Secretary of State shall consider the grounds of the objection and, if so required by the objector, shall afford to him an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose, and shall then serve on the objector a notice in writing either—

• (a) confirming the enforcement notice as originally served, or

• (b) confirming it subject to one or more modifications specified in the notice under this subsection, or

• (c) cancelling the enforcement notice.

• (5) An enforcement notice to which an objection has been made under subsection (1) above—

• (a) if it contains such a requirement as is mentioned in section 30(3) or (5)(b) of this Act, shall continue to have effect as originally served until it has been cancelled, or it has been confirmed subject to modification by a notice under subsection (4) above, and

• (b) in any other case, shall not take effect until it has been confirmed (with or without modification) by a notice under subsection (4) above.

Enforcement notices: supplementary

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• (1) An enforcement notice served on any person—

• (a) may be revoked by a notice served on him by an authorised person, and

• (b) may be varied by a further enforcement notice.

• (2) Sections 25 and 26 of this Act apply to an enforcement notice as they apply to the direction to which the notice relates.

• (3) The ownership of any property shall not be affected by reason only that it is placed on or under or affixed to, any land in compliance with an enforcement notice.

• (4) Where an authorised person has served an enforcement notice specifying the general requirements of a direction with which the person on whom it is served has, in the opinion of the authorised person, failed to comply, the person on whom the notice is served shall not be taken, for the purposes of section 21(8), 22(7), 23(3) or 24(7) of this Act, to have failed to comply with the direction by reason of the matters specified in the notice.

• (5) Subsection (4) above does not apply in relation to any proceedings commenced before the service of the enforcement notice.