Legalize / United Kingdom / Public General Act

Marine and Coastal Access Act 2009

Type Public General Act

Publication 2009-11-12

Last updated 2026-03-25

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(5) After that subsection insert—

(1A) In this section “specified fish” means fish of such description as may be specified for the purposes of this section by order under section 40A below. (1B) The appropriate national authority may by order amend subsection (1)(a) above so as to— (a) add any instrument to it; or (b) remove any instrument for the time being specified in it.

(6) After subsection (3) insert—

(3A) References in this section to any waters include waters adjoining the coast of England and Wales to a distance of six nautical miles measured from the baselines from which the breadth of the territorial sea is measured.

(7) The following are omitted—

(a) in subsection (1), the words “Subject to subsection (4) below,”;

(b) subsection (4).

Roe etc

216

(1) Section 2 of the Salmon and Freshwater Fisheries Act 1975 (c. 51) (roe, spawning and unclean fish, etc) is amended as follows.

(2) In subsection (1)—

(a) for “salmon, trout or freshwater fish” substitute “ salmon, trout, eels, lampreys, smelt, shad, freshwater fish or any specified fish in any waters ”;

(b) in paragraph (b), for “any roe of salmon or trout” substitute “ any fish roe ”.

(3) In subsection (2)—

(a) after “subsections (3)” insert “ , (3A) ”;

(b) in paragraph (a), for “salmon, trout or freshwater fish” substitute “ salmon, trout, lamprey, smelt, shad, freshwater fish or specified fish in any waters ”;

(4) After subsection (3) insert—

(3A) Subsection (2) above does not apply where a person takes an immature freshwater fish in circumstances prescribed by byelaws.

(5) In subsection (5), for “salmon, trout or freshwater fish” substitute “ fish of any description ”.

(6) After that subsection insert—

(6) In this section “specified fish” means fish of such description as may be specified for the purposes of this section by order under section 40A below. (7) Subsection (3A) of section 1 above applies for the purposes of this section.

Licences to fish

217

(1) In section 25 of the Salmon and Freshwater Fisheries Act 1975 (licences to fish), for subsection (1) substitute—

(1) The Agency shall by means of a system of licensing regulate fishing by licensable means of fishing for— (a) salmon, trout, eels, lampreys, smelt and freshwater fish; and (b) fish of such other description as may be specified for the purposes of this section by order under section 40A below. (1A) In this Act “licensable means of fishing” means any of the following— (a) rod and line; (b) an historic installation; (c) such other means of fishing as the appropriate national authority may by order specify. (1B) In this Act “historic installation” means any of the following— (a) a fixed engine certified in pursuance of the Salmon Fishery Act 1865 to be a privileged fixed engine; (b) a fixed engine which was in use for taking salmon or migratory trout during the open season of 1861, in pursuance of an ancient right or mode of fishing as lawfully exercised during that open season, by virtue of any grant or charter or immemorial usage; (c) a fishing weir or fishing mill dam which was lawfully in use on 6th August 1861 by virtue of a grant or charter or immemorial usage.

(2) In that section, in subsection (2), after “area or areas” insert “ (or in waters of such description or descriptions) ”.

(3) In that section, in subsection (4), the words from “gaff” to “tailer or” are omitted.

(4) In that section, subsections (5) and (6) are omitted.

(5) In that section, at the end insert—

(10) For the purposes of this Part, the Agency may permit a person to take fish of any description in circumstances where he would for those purposes otherwise require a fishing licence. (11) Permission under subsection (10) above— (a) must be in writing; (b) may be given generally or specifically; (c) may be given subject to conditions.

(6) In Schedule 2 to that Act (licences)—

(a) in paragraph 11, the words from “together” to the end are omitted;

(b) paragraph 12 is omitted.

(7) In that Schedule, after paragraph 14 insert—

(14A) (1) Where a fishing licence is granted in respect of an historic installation, the Agency may at any time, subject to this paragraph, impose conditions on its use pursuant to the licence. (2) Conditions under sub-paragraph (1) above are to be imposed by notice in writing to the person holding the licence. (3) A notice under sub-paragraph (1) above may be varied or revoked by a further such notice. (4) The Agency may only impose conditions under sub-paragraph (1) above where it considers that it is necessary to do so for the protection of any fishery.

Limitation of licences

218

(1) Section 26 of the Salmon and Freshwater Fisheries Act 1975 (c. 51) (limitation of fishing licences) is amended as follows.

(2) In subsection (1)—

(a) at the beginning insert “ Subject to this section ”;

(b) in paragraph (a), for the words from “to be issued” to “rod and line” substitute “ of any description to be issued pursuant to section 25 above in any year in relation to that area or those areas ”.

(3) After that subsection insert—

(1A) The Agency may only make an order under subsection (1) above in relation to licences for fishing for fish of any description if it is satisfied that it is necessary to do so for the purposes of— (a) maintaining, improving or developing fisheries of any fish referred to in section 25(1) above; or (b) protecting the marine or aquatic environment from significant harm. (1B) The Agency may not make an order under subsection (1) above in relation to licences for fishing for fish by— (a) rod and line; or (b) an historic installation.

(4) In subsection (3), for “shall cause” substitute “ may cause ”.

(5) For subsections (4) and (5) substitute—

(4) If it appears to the Agency that an order under this section would prevent a person from fishing in circumstances where that person is wholly dependent on the fishing for his livelihood, the Agency may pay that person such amount by way of compensation as it considers appropriate.

Authorisation to fish

219

(1) In the Salmon and Freshwater Fisheries Act 1975 (c. 51), in the heading to Part 4, after “Fishing licences” insert “ and authorisations ”.

(2) After section 27 of that Act insert—

(27A) (1) The Agency may authorise a person to use any means, other than a licensable means of fishing, to fish for— (a) salmon, trout, eels, lampreys, smelt and freshwater fish; and (b) fish of such other description as may be specified for the purposes of this section by order under section 40A below. (2) An application for an authorisation under this section must be in such form as the Agency may specify. (3) An authorisation under this section must be in writing, but subject to that may be in such form as the Agency may determine. (4) An authorisation under this section— (a) must be granted for a specified period of time; (b) may be granted to more than one person; (c) may be limited as to the waters in respect of which it is granted; (d) may be subject to conditions. (5) The Agency may at any time, on application or on its own initiative— (a) amend an authorisation under this section; (b) revoke an authorisation under this section. (6) In determining whether to grant, amend or revoke an authorisation the Agency must consider the effect of doing so on— (a) fisheries in the area to which the authorisation relates; and (b) the aquatic or marine environment in that area. (7) An authorisation under this section granted to a body corporate— (a) may, if the authorisation so specifies, apply in relation to any individual acting on behalf of that body (as well as to the body corporate); or (b) may, if the authorisation so specifies, apply only in relation to individuals named in the authorisation when acting on behalf of the body (as well as to the body corporate). (8) The Agency may charge a fee for the grant of an authorisation under this section. (9) Where the Agency determines standard fees for the grant of authorisations of particular descriptions, it must publish them. (10) Where— (a) the Agency has determined a standard fee for the grant of an authorisation of a particular description, but (b) the Agency considers, in any case, that special circumstances apply to the grant of an authorisation of that description, it may charge a fee of another amount. (27B) (1) A person is guilty of an offence if, by any means other than a licensable means of fishing, he fishes for or takes any fish in circumstances where— (a) the fishing or taking may be authorised under section 27A above, but (b) he is not authorised to fish for or take the fish under that section (or is so authorised but the fishing or taking is in breach of any condition of his authorisation). (2) A person is guilty of an offence if he has an instrument in his possession, other than an instrument which is a licensable means of fishing, with intent to use it to fish for or take fish in circumstances where— (a) the fishing or taking may be authorised under section 27A above, but (b) he is not authorised to fish for or take the fish under that section (or is so authorised but the fishing or taking would be in breach of any condition of an authorisation under that section).

(3) In Schedule 4 to that Act (offences), in the table in paragraph 1(2), at the end insert—

Section 27B	Unauthorised fishing etc	aSummarilybOn indictment	A fine not exceeding £50,000.A fine.

Enforcement

220

(1) Part 5 of the Salmon and Freshwater Fisheries Act 1975 (c. 51) (administration and enforcement) is amended as follows.

(2) In section 31 (powers of search), in subsection (1)—

(a) in paragraph (b), the words “in contravention of this Act” are omitted;

(b) in paragraph (c)(i), the words “which has been caught in contravention of this Act” are omitted;

(d) after paragraph (d) insert—

(e) may disable or destroy any dam, fishing weir, fishing mill dam or fixed engine which he has reasonable cause to suspect of having operated or been used, or of being likely to be used, in contravention of this Act.

(3) In section 32 (power to enter lands), subsection (1)(ii) and the preceding “or” are omitted.

(4) In section 33 (orders and warrants to enter suspected premises), in subsection (2), for the words from “seize” to the end substitute—

(a) seize any illegal net or other instrument, or any net or other instrument suspected to have been illegally used, that may be found on the premises; (b) seize any fish suspected to have been illegally taken or sold that may be found on the premises; or (c) disable or destroy any dam, fishing weir, fishing mill dam or fixed engine suspected to have operated or been used illegally that may be found on the premises.

(5) In that section, in subsection (3), for “one week” substitute “ three months ”.

(6) In section 34 (power to apprehend persons fishing illegally etc)—

(a) in the heading, the words “at night” are omitted;

(b) the words from “between the end” to “following morning” are omitted.

(7) In section 35 (power to require production of fishing licences), in subsection (1)—

(a) for “being about to” substitute “ intending to ”;

(b) for “to have within the preceding half hour” substitute “ of having recently ”;

(c) after “in any area,” insert “ in circumstances where the fishing would require a licence or authorisation under this Act or a licence under section 16 of the Wildlife and Countryside Act 1981, ”.

(8) In that section, subsection (2) is omitted.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to specify fish

221

(1) After section 40 of the Salmon and Freshwater Fisheries Act 1975 (c. 51) insert—

(40A) The appropriate national authority may by order specify fish of any description for the purposes of any or all of the following— (a) section 1, 2, 25 or 27A above; (b) section 32 of the Salmon Act 1986; (c) paragraph 6 of Schedule 25 to the Water Resources Act 1991; (d) section 6(6) of the Environment Act 1995.

(2) In section 41 of that Act (interpretation), in subsection (1), after the definition of “the Agency” insert—

“the appropriate national authority” means— (a) the Secretary of State, except in relation to Wales (within the meaning of the Government of Wales Act 2006); (b) in relation to Wales (within that meaning), the Welsh Ministers;

Order-making powers: supplementary

222

After section 40A of the Salmon and Freshwater Fisheries Act 1975 (as inserted by section 221 above) insert—

(40B) (1) An order under section 1, 25 or 40A above may make different provision for different purposes (and, in particular, different provision in relation to different areas or waters). (2) Such an order is to be made by statutory instrument. (3) A statutory instrument containing such an order is subject to annulment in pursuance of a resolution of— (a) either House of Parliament, in the case of an order made by the Secretary of State; (b) the National Assembly for Wales, in the case of an order made by the Welsh Ministers.

Definitions relating to fish

223

(1) In section 41 of the Salmon and Freshwater Fisheries Act 1975 (interpretation), subsection (1) is amended as follows.

(2) For the definition of “eels” substitute—

“eels” means any fish of the species Anguilla anguilla, and includes elvers and the fry of eels;

(3) After that definition insert—

“fish” includes crustaceans and molluscs;

(4) After the definition of “foreshore” insert—

“freshwater crayfish” means any freshwater decapod crustacean of the Families Astacidae, Cambaridae or Parastacidae;

(5) For the definition of “freshwater fish” substitute—

“freshwater fish” means any fish habitually living in fresh water, exclusive of— (a) salmon, trout, eels, lampreys, smelt and any other fish of a kind which migrates from fresh to salt water, or from salt to fresh water, in order to spawn; (b) any kind of crustacean other than freshwater crayfish and Chinese mitten crabs (Eriocheir sinensis); and (c) any kind of mollusc;

(6) After the definition of “screen” insert—

“smelt” means any fish of the species Osmerus eperlanus;

Byelaws

Power to make byelaws

224

(1) In Schedule 25 to the Water Resources Act 1991 (c. 57) (byelaw-making powers of the Agency), paragraph 6 (byelaws for purposes of fisheries functions) is amended as follows.

(2) In sub-paragraph (1), in paragraph (b), for the words from “salmon fisheries” to the end substitute “ fisheries of fish to which this paragraph applies. ”

(3) After that sub-paragraph insert—

(1A) This paragraph applies to— (a) salmon, trout, eels, lampreys, smelt, shad and freshwater fish; and (b) fish of such other description as may be specified for the purposes of this paragraph by order under section 40A of the Salmon and Freshwater Fisheries Act 1975.

(4) In sub-paragraph (2), after paragraph (a) insert—

(aa) specifying close seasons or times for the taking of any fish to which this paragraph applies by such means as may be prescribed by the byelaws;

(5) In that sub-paragraph, in paragraph (b)(i), after “size” insert “ greater or ”.

(6) In that sub-paragraph, in paragraph (e) at the end insert “ (including requiring fixed engines during close seasons or times to be removed or made incapable of taking or obstructing the passage of fish) ”.

(7) Sub-paragraph (3) is omitted.

(8) Sub-paragraph (4) is omitted.

(9) After sub-paragraph (5) insert—

(5A) A byelaw under this paragraph does not apply to a person (including an employee or agent of the Agency) to the extent that he is acting— (a) with the written authority of the Agency; and (b) in accordance with any conditions imposed by the Agency in relation to that authority. (5B) For the avoidance of doubt, a byelaw under this paragraph may apply to an historic installation as to any other fixed engine.

(10) Any byelaw made by the Environment Agency under paragraph 6(3) of that Schedule and in force immediately before the coming into force of subsection (7) above shall in relation to any period after the coming into force of that subsection be regarded as having been made under paragraph 6(2) of that Schedule, as amended by this section.

Byelaws: emergency procedures

225

(1) In the Water Resources Act 1991 (c. 57), in section 210 (byelaw-making powers of the Agency) at the end insert—

(3) Schedule 27 to this Act (emergency fisheries byelaws) shall have effect.

(2) In that Act, after Schedule 26 insert—

Schedule 27 (1) (1) In this Schedule, “emergency fisheries byelaw” means a byelaw made under paragraph 6 of Schedule 25 to this Act (fisheries) in the circumstances in sub-paragraph (2) below. (2) The circumstances are that— (a) the Agency considers that, because of any event or likely event, harm is occurring or is likely to occur to— (i) any fish to which paragraph 6 of Schedule 25 to this Act applies or to the spawn, gametes or food of any such fish, or (ii) the marine or coastal, or aquatic or waterside, environment, (b) the Agency considers that the byelaw would prevent or limit that harm, or would be reasonably likely to do so, (c) the Agency considers that for that purpose there is a need for the byelaw to come into force as a matter of urgency, and (d) the event or the likelihood of the event could not reasonably have been foreseen. (3) Schedule 26 to this Act (procedure relating to byelaws made by the Agency) does not apply in relation to an emergency fisheries byelaw. (4) In sub-paragraph (2)(a), the reference to harm to the marine or coastal, or aquatic or waterside, environment is to— (a) harm to the natural beauty or amenity of marine or coastal, or aquatic or waterside, areas (including their geological or physiographical features) or to any features of archaeological or historic interest in such areas, or (b) harm to flora or fauna which are dependent on or associated with the marine or coastal, or aquatic or waterside, environment. (2) An emergency fisheries byelaw comes into force— (a) on the date specified in the byelaw, or (b) if no date is so specified, on the day after that on which it is made. (3) The Agency must, within 24 hours of making an emergency fisheries byelaw— (a) send a copy of the byelaw to the appropriate national authority, and (b) explain to the appropriate national authority why the byelaw is being made as an emergency fisheries byelaw. (4) The Agency must publish notice of the making of an emergency fisheries byelaw (including a copy of the byelaw)— (a) in the London Gazette; (b) where the byelaw has effect in Wales, in the Welsh language in such manner as the Agency thinks appropriate; (c) in such other manner as it thinks appropriate for the purpose of bringing the byelaw to the attention of persons likely to be affected by it. (5) (1) If at any time the appropriate national authority is satisfied that an emergency fisheries byelaw would better serve to prevent or limit the harm referred to in paragraph 1(2)(a) above if it were amended, the authority must amend it accordingly. (2) If at any time the appropriate national authority is satisfied that an emergency fisheries byelaw is no longer needed in order to prevent or limit the harm referred to in paragraph 1(2)(a) above, the authority must revoke it. (3) The Agency must publish notice of an amendment or revocation under this paragraph as specified in paragraph 4(a) to (c) above. (6) (1) Subject to paragraph 7 below, an emergency fisheries byelaw expires (unless earlier revoked)— (a) in accordance with provision made by the byelaw, or (b) if the byelaw does not contain provision for its expiry, at the end of the period of twelve months beginning with the day on which it comes into force. (2) A byelaw may not under sub-paragraph (1)(a) above remain in force for longer than the period of twelve months beginning with the day on which it comes into force. (7) (1) The Agency may, at any time before an emergency fisheries byelaw expires, apply to the appropriate national authority for it to be extended. (2) On such an application, the appropriate national authority may extend the byelaw at any time before its expiry, provided the authority is satisfied that— (a) the byelaw is still needed to prevent or limit the harm referred to in paragraph 1(2)(a) above, and (b) the need for the extension could not reasonably have been avoided by the Agency. (3) A byelaw may be extended under sub-paragraph (2) above for such period not exceeding six months as the appropriate national authority may specify. (4) A byelaw may not be extended under sub-paragraph (2) above on more than one occasion. (8) (1) Every emergency fisheries byelaw shall be printed and deposited at one or more of the offices of the Agency, including (if there is one) at an office in the area to which the byelaw applies; and copies of the byelaw shall be available at those offices, at all reasonable times, for inspection by the public free of charge. (2) Every person shall be entitled, on application to the Agency and on payment of such reasonable sum as the Agency may determine, to be furnished with a copy of any emergency fisheries byelaw so deposited by the Agency. (9) The production of a printed copy of an emergency fisheries byelaw purporting to be made by the Agency upon which is indorsed a certificate, purporting to be signed on its behalf, stating— (a) that the byelaw was made by the Agency, and (b) that the copy is a true copy of the byelaw, shall be prima facie evidence of the facts stated in the certificate, and without proof of the handwriting or official position of any person purporting to sign the certificate. (10) In this Schedule “appropriate national authority” has the same meaning as in the Salmon and Freshwater Fisheries Act 1975.

Byelaws: enforcement

226

In section 211 of the Water Resources Act 1991 (c. 57) (enforcement of byelaws), in subsection (3), for the words from “to a fine” to the end substitute—

(a) in the case of byelaws made by virtue of paragraph 4, to a fine not exceeding level 4 on the standard scale or such smaller sum as may be specified in the byelaws; (b) in the case of byelaws made by virtue of paragraph 6, to a fine not exceeding £50,000.

Byelaws: compensation

227

(1) Section 212 of the Water Resources Act 1991 (compensation in respect of certain fisheries byelaws) is amended as follows.

(2) In subsection (1), for the words from “the claim” to the end substitute “ the Agency may pay that person such amount by way of compensation as it considers appropriate. ”

(3) Subsection (3) is omitted.

Supplementary

Theft of fish from private fisheries etc

228

(1) In the Theft Act 1968 (c. 60), in Schedule 1 (offences of taking or destroying fish), paragraph 2 is amended as follows.

(2) For sub-paragraph (1) substitute—

(1) A person who unlawfully takes or destroys, or attempts to take or destroy, any fish in water which is private property or in which there is any private right of fishery shall on summary conviction be liable to a fine not exceeding level 5 on the standard scale.

(3) Sub-paragraph (2) is omitted.

(4) In sub-paragraph (3), for “this paragraph” substitute “ sub-paragraph (1) above ”.

Handling fish

229

(1) Section 32 of the Salmon Act 1986 (c. 62) (handling salmon in suspicious circumstances) is amended as follows.

(2) In the heading, for “salmon” substitute “ fish ”.

(3) In subsection (1)—

(a) for “any salmon” substitute “ any fish to which this section applies ”;

(b) for “the salmon” substitute “ that fish ”;

(4) After that subsection insert—

(1A) This section applies to— (a) salmon, trout, eels, lampreys, smelt and freshwater fish; and (b) fish of such other description as may be specified for the purposes of this section by order under section 40A of the Salmon and Freshwater Fisheries Act 1975.

(5) In subsection (2)—

(a) for “a salmon” substitute “ a fish to which this section applies ”;

(b) in paragraph (a)—

(i) after “or landing” insert “ , or selling, ”;

(ii) for “that salmon” substitute “ that fish ”;

(i) for “that salmon” substitute “ that fish ”;

(ii) after “or landed,” insert “ or sold, ”.

(6) In subsection (3), for “salmon” substitute “ fish ”.

(7) In subsection (4), for “salmon” substitute “ fish to which this section applies ”.

(8) In subsection (5)—

(a) in paragraph (a), for the words from “to imprisonment” to the end substitute “ to a fine not exceeding the statutory maximum ”;

(b) in paragraph (b), for the words from “to imprisonment” to the end substitute “ to a fine ”.

(9) In subsection (7)—

(a) after “or landing” insert “ , or selling, ”

(b) for “a salmon” substitute “ a fish to which this section applies ”;

(d) at the end insert “ or sold ”.

(10) At the end insert—

(8) In this section “salmon”, “trout”, “eels”, “smelt”, “fish” and “freshwater fish” have the same meanings as in the Salmon and Freshwater Fisheries Act 1975.

Duties of the Environment Agency

230

(1) Section 6 of the Environment Act 1995 (c. 25) (general duties of the Agency) is amended as follows.

(2) In subsection (6), for the words from “salmon” to the end substitute “fisheries of—

(a) salmon, trout, eels, lampreys, smelt and freshwater fish, and

(b) fish of such other description as may be specified for the purposes of this subsection by order under section 40A of the Salmon and Freshwater Fisheries Act 1975”.

(3) In subsection (8), at the end insert—

“salmon”, “trout”, “eels”, “smelt”, “fish” and “freshwater fish” have the same meanings as in the Salmon and Freshwater Fisheries Act 1975

Tweed and Esk fisheries

231

(1) Section 111 of the Scotland Act 1998 (c. 46) (regulation of Tweed and Esk fisheries) is amended as follows.

(2) In subsection (1), for “salmon, trout, eels and freshwater fish” substitute “ salmon, trout, eels, lampreys, smelt, shad and freshwater fish ”.

(3) In subsection (4), in the definition of “conservation”, for “salmon, trout, eels and freshwater fish,” substitute “ salmon, trout, eels, lampreys, smelt, shad and freshwater fish, ”.

(4) In subsection (4), in the definition of “eels”, “freshwater fish”, “salmon” and “trout”—

(a) after “ “eels”,” insert “fish”, ”;

(b) after “ “salmon”” insert “ , “smelt” ;

(5) At the end insert—

(6) An Order under subsection (1) may amend that subsection so as to— (a) add any description of fish to it, or (b) remove any description of fish from it.

Keeping, introduction and removal of fish

232

(1) The appropriate national authority may by regulations make provision for the purpose of prohibiting persons, in such cases as may be specified in the regulations, from carrying on any of the activities specified in subsection (2) otherwise than under and in accordance with a permit issued by the appropriate agency.

(2) The activities referred to in subsection (1) are—

(a) keeping any fish in the area to which this section applies;

(b) introducing any fish into any inland waters in that area;

(3) The area to which this section applies is the area consisting of—

(a) England,

(b) Wales, and

(4) The references in subsection (2)(b) and (c) to inland waters do not include the River Tweed.

(5) Regulations made under this section may in particular—

(a) make provision as to the descriptions of permits to be issued;

(b) specify the manner and form of an application for a permit from the appropriate agency to carry out any activity specified in subsection (2) and the sum, or maximum sum, to be paid on the making of such an application;

(c) specify the circumstances in which such an application is to be granted or refused and any considerations which the appropriate agency may or must take into account when determining whether or not to issue such a permit;

(d) specify the conditions that may be incorporated into such a permit;

(e) make provision for the amendment, suspension or revocation of such a permit;

(f) make provision authorising the appropriate agency to exempt persons from any requirement under the regulations to obtain such a permit;

(g) make provision as to the effect of a prohibition under regulations made under this section on fishing pursuant to any licence, authorisation, permission, or right to fish;

(h) make provision enabling the appropriate agency to require a person in breach of any requirement under regulations made under this section, or in breach of any condition of a permit under such regulations—

(i) to take steps to ensure that the position is, so far as possible, restored to what it would have been had there been no such breach;

(ii) to allow the appropriate agency to take such steps;

(iii) to pay to the appropriate agency a sum representing reasonable expenses of any such steps taken or to be taken by the appropriate agency;

(i) make provision creating criminal offences for the purpose of securing compliance with regulations made under this section or of any requirements under paragraph (h);

(j) make other provision for the enforcement of requirements under the regulations, including provision conferring the following powers on the appropriate agency—

(i) powers of entry;

(ii) powers of search and seizure;

(iii) powers to destroy or release any fish seized.

(6) Provision under subsection (5)(a) may specify that a permit may be issued—

(a) in respect of one or more of the activities specified in subsection (2);

(b) in relation to the carrying on of any one or more of those activities on one occasion or more than one occasion;

(7) Provision under subsection (5)(i) must provide that where a person is guilty of an offence created under that subsection, the person is liable—

(a) on summary conviction, to a fine not exceeding £50,000a fine, the amount of which may be limited by the regulations;

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

(8) In this section—

“appropriate agency” means—the Environment Agency, otherwise than in relation to Wales, andthe Natural Resources Body for Wales, in relation to Wales;

“appropriate national authority” means—the Secretary of State, otherwise than in relation to Wales;the Welsh Ministers, in relation to Wales;

references to “fish” include the spawn of fish;

“inland waters” has the same meaning as in the Water Resources Act 1991 (c. 57);

“River Tweed” means “the river” within the meaning of the Tweed Fisheries Amendment Act 1859 (c. lxx), as amended by byelaws.

Consequential and supplementary amendments

233

(1) Schedule 16 (which contains consequential and supplementary amendments relating to this Chapter) has effect.

(2) The following provisions of the Salmon and Freshwater Fisheries Act 1975 (c. 51) (which are obsolete or no longer of practical utility) are omitted—

(a) in section 4 (poisonous matter etc), subsection (2);

(b) section 23 (export of salmon and trout);

Chapter 4 — Obsolete fisheries enactments

Repeal of spent or obsolete enactments

234

The following enactments are repealed—

(a) the White Herring Fisheries Act 1771 (c. 31);

(b) the Seal Fishery Act 1875 (c. 18);

(c) section 13 of the Fisheries Act 1891 (c. 37) (proceedings for enforcement of Acts relating to salmon and freshwater fisheries);

(d) the North Sea Fisheries Act 1893 (c. 17);

(e) the Behring Sea Award Act 1894 (c. 2);

(f) the Seal Fisheries (North Pacific) Act 1895 (c. 21);

(g) the Seal Fisheries (North Pacific) Act 1912 (c. 10);

(h) sections 86, 87 and 163 of the Port of London Act 1968 (c. xxxii) (powers of Port of London Authority in relation to fisheries).

Part 8 — Enforcement

Chapter 1 — Enforcement officers

Marine enforcement officers

235

(1) In this Chapter “marine enforcement officer” means—

(a) any person appointed as such an officer by the MMO;

(b) any person appointed as such an officer by the Welsh Ministers;

(d) any person in command or charge of any aircraft or hovercraft of the Royal Navy, the Army or the Royal Air Force.

(2) The carrying out of any functions of a marine enforcement officer by a person appointed under this section by the MMO or the Welsh Ministers (a “civilian marine enforcement officer”) is subject to any limitations specified by the MMO or (as the case may be) the Welsh Ministers in relation to that person.

(3) Until the coming into force of section 1, any power conferred on the MMO by this section is exercisable by the Secretary of State.

Any reference in this Chapter to a marine enforcement officer includes a reference to any person appointed by the Secretary of State as a marine enforcement officer by virtue of this subsection.

Enforcement of marine licensing regime

236

(1) For the purposes of enforcing Part 4 of this Act, a marine enforcement officer has—

(a) the common enforcement powers conferred by this Act;

(b) the power conferred by section 263.

This is subject to subsection (2).

(2) A marine enforcement officer does not have the powers referred to in subsection (1) for the purposes of enforcing Part 4 of this Act so far as relating to—

(a) any activity in Wales, the Welsh inshore region or the Welsh offshore region concerning or arising from the exploration for, or production of, petroleum;

(aa) any activity in the Welsh offshore region falling within the subject-matter of Part 6 of the Merchant Shipping Act 1995 (pollution etc);

(b) anything done in the course of taking installation abandonment measures in any other part of the relevant enforcement area.

(3) Subject to subsection (8), the powers which a marine enforcement officer has for the purposes of enforcing Part 4 of this Act may be exercised—

(a) in the relevant enforcement area (and in relation to any vessel, aircraft or marine structure in that area);

(b) in relation to any vessel or marine structure outside the UK marine area which was loaded within the relevant enforcement area;

(d) in Scotland or the Scottish inshore region, in relation to an offence which the officer reasonably believes has been committed—

(i) within the relevant enforcement area, or

(ii) outside the UK marine area and in circumstances where a vessel, aircraft or marine structure referred to in paragraph (b) or (c) was involved in the commission of the offence;

(e) in relation to any vessel, aircraft or marine structure in the Scottish offshore region which has been pursued there in accordance with subsection (4).

(4) A vessel, aircraft or marine structure is pursued in accordance with this subsection if—

(a) immediately before the pursuit of the vessel, aircraft or structure commences, the vessel, aircraft or structure is in the relevant enforcement area,

(b) before the pursuit of the vessel, aircraft or structure commences, a signal is given for it to stop, and

(5) The signal referred to in subsection (4)(b) must be given in such a way as to be audible or visible from the vessel, aircraft or structure in question.

(6) For the purposes of subsection (4)(c), pursuit is not interrupted by reason only of the fact that—

(a) the method of carrying out the pursuit, or

(b) the identity of the vessel or aircraft carrying out the pursuit,

changes during the course of the pursuit.

(7) Nothing in this section affects any right of hot pursuit which a marine enforcement officer may have under international law.

(8) The powers which a civilian marine enforcement officer has for the purposes of enforcing Part 4 of this Act may not be exercised in relation to any British warship.

(9) In this section—

“installation abandonment measures” means any measures taken in connection with the abandonment of—an offshore installation or submarine pipeline, within the meaning of Part 4 of the Petroleum Act 1998 (c. 17), ora carbon storage installation, within the meaning of section 30 of the Energy Act 2008 (c. 32),whether or not the measures are taken in pursuance of an abandonment programme;

“abandonment programme” means—an abandonment programme under Part 4 of the Petroleum Act 1998;an abandonment programme under that Part, as it applies by virtue of section 30 of the Energy Act 2008;

“the relevant enforcement area” means the area that consists of—England and Wales and Northern Ireland, andthe UK marine licensing area, excluding the Scottish offshore region.

(10) Any term used in this section and in Part 4 of this Act has the same meaning in this section as it has in that Part.

Enforcement of nature conservation legislation

237

(1) For the purposes of enforcing the nature conservation legislation or the fisheries exploitation legislation, a marine enforcement officer has the common enforcement powers conferred by this Act.

(2) In this section “the nature conservation legislation” means—

(a) sections 1 and 2 of the Conservation of Seals Act 1970 (c. 30), and any orders made under section 3 of that Act;

(b) sections 1, 5 to 7, 9, 11, 13, 14 and 14ZA of the Wildlife and Countryside Act 1981 (c. 69);

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) the Conservation of Offshore Marine Habitats and Species Regulations 2017 (S.I. 2017/1013);

(f) any byelaws made under section 129 or 132(1) of this Act;

(g) any orders made under section 134 or 136(1) of this Act;

(h) section 140 of this Act.

(i) regulations 43, 45, 47, 54, 59, 60 and 122(1) and (2) of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012);

(j) any byelaws or orders made by virtue of regulation 32 or 40 of those Regulations.

(2A) In this section “the fisheries exploitation legislation” means—

(a) any byelaws made under section 129A, 129B or 132(1A) of this Act;

(b) any orders made under section 134A, 134B, 136(1A), 137A, 137C, 137E or 137G of this Act.

(3) Subject to subsections (8) and (9), the powers which a marine enforcement officer has for the purposes of enforcing the nature conservation legislation or the fisheries exploitation legislation may be exercised—

(a) in the relevant enforcement area (and in relation to any vessel, aircraft or marine installation in that area);

(b) in relation to any British vessel or British marine installation outside the UK marine area;

(c) in Scotland or Northern Ireland, or the Scottish or Northern Ireland inshore region, in relation to an offence which the officer reasonably believes has been committed—

(i) within the relevant enforcement area, or

(ii) outside the UK marine area and in circumstances where a British vessel or British marine installation was involved in the commission of the offence;

(d) in relation to any vessel, aircraft or marine installation in the Scottish offshore region which has been pursued there in accordance with subsection (4).

(4) A vessel, aircraft or marine installation is pursued in accordance with this subsection if—

(a) immediately before the pursuit of the vessel, aircraft or installation commences, the vessel, aircraft or installation is in the relevant enforcement area,

(b) before the pursuit of the vessel, aircraft or installation commences, a signal is given for it to stop, and

(5) The signal referred to in subsection (4)(b) must be given in such a way as to be audible or visible from the vessel, aircraft or installation in question.

(6) For the purposes of subsection (4)(c), pursuit is not interrupted by reason only of the fact that—

(a) the method of carrying out the pursuit, or

(b) the identity of the vessel or aircraft carrying out the pursuit,

changes during the course of the pursuit.

(7) Nothing in this section affects any right of hot pursuit which a marine enforcement officer may have under international law.

(8) The powers which a civilian marine enforcement officer has for the purposes of enforcing the nature conservation legislation or the fisheries exploitation legislation may not be exercised in relation to any British warship.

(9) The powers which a marine enforcement officer has for the purposes of enforcing the nature conservation legislation may not be exercised in relation to any vessel within subsection (10) unless—

(a) in the case of a third country vessel, other than a vessel falling within paragraph (b) or (c) of that subsection, the United Kingdom is entitled under international law to exercise those powers without the consent of the flag state, or

(b) the Commissioners have given authority to exercise those powers.

(9A) The powers which a marine enforcement officer has for the purposes of enforcing the fisheries exploitation legislation may not be exercised in relation to a vessel falling within paragraph (b) or (c) of subsection (10) unless the Commissioners have given authority to exercise those powers.

(10) The vessels are—

(a) a third country vessel;

(b) a warship that is being used by the government of a State other than the United Kingdom;

(11) The Commissioners may give authority under subsection (9)(b) or (9A) only if the flag state has consented to the United Kingdom exercising those powers (whether generally or in relation to the vessel in question).

(12) In giving such authority, the Commissioners must impose such conditions or limitations on the exercise of the powers as are necessary to give effect to any conditions or limitations imposed by the flag state.

(13) In this section—

“British vessel” means any vessel which—is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 (c. 21),is, as a Government ship, registered in the United Kingdom in pursuance of an Order in Council under section 308 of that Act,falls within section 1(1)(d) of that Act (small ships),is exempt from registration under section 294 of that Act (general power to dispense),is a British warship, oris registered under the law of Gibraltar;

“Government ship” has the same meaning as in the Merchant Shipping Act 1995;

“the relevant enforcement area” means the area that consists of—England and Wales, andthe UK marine area, excluding—the Scottish inshore region,the Scottish offshore region, andthe Northern Ireland inshore region.

(14) Where the fisheries exploitation legislation consists of an order made under section 137A or 137C of this Act (orders relating to Scottish offshore region), this section applies as if—

(a) references to a marine enforcement officer included a person appointed as such by the Scottish Ministers,

(b) for the purposes of subsection (3)(a), the relevant enforcement area were Scotland, the Scottish inshore region and the Scottish offshore region, and

(15) Where the fisheries exploitation legislation consists of an order made under section 137E or 137G of this Act (orders relating to Northern Ireland offshore region), this section applies as if—

(a) references to a marine enforcement officer included a person appointed as such by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland,

(b) for the purposes of subsection (3)(a), the relevant enforcement area were Northern Ireland, the Northern Ireland inshore region and the Northern Ireland offshore region, and

Enforcement of fisheries legislation

238

(1) For the purposes of enforcing the fisheries legislation, a marine enforcement officer has—

(a) the common enforcement powers conferred by this Act;

(b) the powers conferred by sections 264, 268, 269, 279 and 284.

(2) In this section “the fisheries legislation” means—

(a) any enactments relating to sea fishing, including any enactment relating to fishing for shellfish, salmon or migratory trout (but see subsection (3));

(b) any assimilated restriction or assimilated obligation relating to sea fishing.

(3) “The fisheries legislation” does not include—

(a) the Salmon and Freshwater Fisheries Act 1975 (c. 51);

(b) the Salmon Act 1986 (c. 62);

(ca) byelaws made by the Natural Resources Body for Wales under Schedule 25 to the Water Resources Act 1991;

(d) the Scotland Act 1998 (Border Rivers) Order 1999 (S.I. 1999/1746);

(da) any byelaws made under section 129A, 129B or 132(1A);

(db) any orders made under section 134A, 134B, 136(1A), 137A, 137C, 137E or 137G;

(e) byelaws made by an inshore fisheries and conservation authority under section 155.

(4) Subject to subsection (9), the powers which a marine enforcement officer has for the purposes of enforcing the fisheries legislation may be exercised—

(a) in the relevant enforcement area (and in relation to any vessel, aircraft or marine installation in that area);

(b) in relation to any vessel, vehicle, aircraft or marine installation in any other area within the United Kingdom or the UK marine area which has been pursued there in accordance with subsection (5);

(d) in relation to any British vessel or British marine installation outside British fishery limits, other than a Scottish or Northern Ireland fishing boat.

(5) A vessel, vehicle, aircraft or marine installation is pursued in accordance with this subsection if—

(a) immediately before the pursuit of the vessel, vehicle, aircraft or installation commences—

(i) the vessel, vehicle, aircraft or installation is in the relevant enforcement area, or

(ii) in the case of a vessel, aircraft or marine installation operating together with one or more other vessels, aircraft or marine installations to carry out a single activity, any of those vessels, aircraft or installations is in that area,

(b) before the pursuit of the vessel, vehicle, aircraft or installation commences, a signal is given for it to stop, and

(6) The signal referred to in subsection (5)(b) must be given in such a way as to be audible or visible from the vessel, vehicle, aircraft or installation in question.

(7) For the purposes of subsection (5)(c), pursuit is not interrupted by reason only of the fact that—

(a) the method of carrying out the pursuit, or

(b) the identity of the vessel, vehicle or aircraft carrying out the pursuit,

changes during the course of the pursuit.

(8) Nothing in this section affects any right of hot pursuit which a marine enforcement officer may have under international law.

(9) The powers which a civilian marine enforcement officer has for the purposes of enforcing the fisheries legislation may not be exercised in relation to any British warship.

(10) In this section—

“assimilated restriction” means a restriction that—was created or arose by or under the EU Treaties before IP completion day, andforms part of assimilated law,as modified from time to time;

“British vessel” means any vessel which—is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 (c. 21),is wholly owned by persons qualified to own British ships for the purposes of that Part,is, as a Government ship, registered in the United Kingdom in pursuance of an Order in Council under section 308 of that Act, oris a British warship;

“Government ship” has the same meaning as in the Merchant Shipping Act 1995 (c. 21);

“relevant British fishing boat” means a fishing boat, other than a Scottish or Northern Ireland fishing boat, which—is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, oris wholly owned by persons qualified to own British ships for the purposes of that Part;

“the relevant enforcement area” means the area that consists of—England and Wales, andthe sea within British fishery limits, excluding the Scottish zone and the Northern Ireland zone.

Marine enforcement officers as British sea-fishery officers

239

(1) Section 7 of the Sea Fisheries Act 1968 (c. 77) (sea-fishery officers) is amended as follows.

(2) In subsection (1)—

(a) after paragraph (c) insert—

(ca) persons appointed as marine enforcement officers under section 235 of the Marine and Coastal Access Act 2009;

;

(b) in paragraph (d), omit “of the Secretary of State or”.

(3) After subsection (1) insert—

(1A) A person falling within paragraph (b), (c) or (ca) of subsection (1) above may not exercise the powers or perform the duties of a British sea-fishery officer in any case where the person may, in the person's capacity as a marine enforcement officer, exercise the common enforcement powers conferred by the Marine and Coastal Access Act 2009 (see Chapter 1 of Part 8 of that Act).

(4) In subsection (5) (definition of “the appropriate Minister”), omit paragraph (a).

Other enforcement officers

Marine licensing: oil and gas and other reserved matters

240

(1) The Secretary of State may appoint persons for the purposes of enforcing Part 4 of this Act, so far as relating to—

(a) any activity in the Scottish offshore region falling within section 113(3) (activities relating to certain reserved matters);

(b) any activity in Wales, the Welsh inshore region or the Welsh offshore region concerning or arising from the exploration for, or production of, petroleum;

(ba) any activity in the Welsh offshore region falling within the subject-matter of Part 6 of the Merchant Shipping Act 1995 (pollution etc);

(c) anything done in the course of taking installation abandonment measures in any other part of the relevant enforcement area.

(2) For the purposes referred to in subsection (1), a person appointed under this section has—

(a) the common enforcement powers conferred by this Act;

(b) the power conferred by section 263.

(3) Subject to subsection (4), the powers which a person appointed under this section has for the purposes referred to in subsection (1) may be exercised—

(a) in the relevant enforcement area (and in relation to any vessel, aircraft or marine structure in that area);

(b) in relation to any vessel or marine structure outside the UK marine area which was loaded within the relevant enforcement area;

(d) in Scotland or Northern Ireland, or the Scottish or Northern Ireland inshore region, in relation to an offence which the person reasonably believes has been committed—

(i) within the relevant enforcement area, or

(ii) outside the UK marine area and in circumstances where a vessel, aircraft or marine structure referred to in paragraph (b) or (c) was involved in the commission of the offence.

(4) The powers which a person appointed under this section has for the purposes referred to in subsection (1) may not be exercised in relation to any British warship.

(5) Nothing in this section affects any right of hot pursuit which a person appointed under this section may have under international law.

(6) In this section—

“installation abandonment measures” means any measures taken in connection with the abandonment of—an offshore installation or submarine pipeline, within the meaning of Part 4 of the Petroleum Act 1998 (c. 17), ora carbon storage installation, within the meaning of section 30 of the Energy Act 2008 (c. 32),whether or not the measures are taken in pursuance of an abandonment programme;

“abandonment programme” means—an abandonment programme under Part 4 of the Petroleum Act 1998;an abandonment programme under that Part, as it applies by virtue of section 30 of the Energy Act 2008;

“the relevant enforcement area” means the area that consists of—England and Wales, andthe UK marine licensing area, excluding the Northern Ireland inshore region.

(7) Any term used in this section and in Part 4 of this Act has the same meaning in this section as it has in that Part.

Marine licensing: Northern Ireland

241

(1) The Department of the Environment in Northern Ireland may appoint persons for the purposes of enforcing Part 4 of this Act.

(2) For the purposes of enforcing Part 4 of this Act, a person appointed under this section has—

(a) the common enforcement powers conferred by this Act;

(b) the power conferred by section 263.

This is subject to subsection (3).

(3) A person appointed under this section does not have the powers referred to in subsection (2) for the purposes of enforcing Part 4 of this Act so far as relating to—

(a) any activity in Wales, the Welsh inshore region or the Welsh offshore region concerning or arising from the exploration for, or production of, petroleum;

(aa) any activity in the Welsh offshore region falling within the subject-matter of Part 6 of the Merchant Shipping Act 1995 (pollution etc);

(b) anything done in the course of taking installation abandonment measures in any other part of the relevant enforcement area, other than Northern Ireland and the Northern Ireland inshore region.

(4) Subject to subsection (9), the powers which a person appointed under this section has for the purposes of enforcing Part 4 of this Act may be exercised—

(a) in the relevant enforcement area (and in relation to any vessel, aircraft or marine structure in that area);

(b) in Scotland or the Scottish inshore region, in relation to an offence which the person reasonably believes has been committed within the relevant enforcement area;

(c) in relation to any vessel, aircraft or marine structure in the Scottish offshore region which has been pursued there in accordance with subsection (5).

(5) A vessel, aircraft or marine structure is pursued in accordance with this subsection if—

(a) immediately before the pursuit of the vessel, aircraft or structure commences, the vessel, aircraft or structure is in the relevant enforcement area,

(b) before the pursuit of the vessel, aircraft or structure commences, a signal is given for it to stop, and

(6) The signal referred to in subsection (5)(b) must be given in such a way as to be audible or visible from the vessel, aircraft or structure in question.

(7) For the purposes of subsection (5)(c), pursuit is not interrupted by reason only of the fact that—

(a) the method of carrying out the pursuit, or

(b) the identity of the vessel or aircraft carrying out the pursuit,

changes during the course of the pursuit.

(8) Nothing in this section affects any right of hot pursuit which a person appointed under this section may have under international law.

(9) The powers which a person appointed under this section has for the purposes of enforcing Part 4 of this Act may not be exercised in relation to any British warship.

(10) In this section—

“installation abandonment measures” means any measures taken in connection with the abandonment of—an offshore installation or submarine pipeline, within the meaning of Part 4 of the Petroleum Act 1998 (c. 17), ora carbon storage installation, within the meaning of section 30 of the Energy Act 2008 (c. 32),whether or not the measures are taken in pursuance of an abandonment programme;

“abandonment programme” means—an abandonment programme under Part 4 of the Petroleum Act 1998;an abandonment programme under that Part, as it applies by virtue of section 30 of the Energy Act 2008;

“the relevant enforcement area” means the area that consists of—England and Wales and Northern Ireland, andthe UK marine licensing area, excluding the Scottish offshore region.

(11) Any term used in this section and in Part 4 of this Act has the same meaning in this section as it has in that Part.

Marine licensing: enforcement in Scottish offshore region

242

(1) The Scottish Ministers may appoint persons for the purposes of enforcing Part 4 of this Act, except so far as relating to any activity falling within section 113(3) (activities relating to certain reserved matters).

(2) For the purposes referred to in subsection (1), a person appointed under this section has—

(a) the common enforcement powers conferred by this Act;

(b) the power conferred by section 263.

(3) Subject to subsection (8), the powers which a person appointed under this section has for the purposes referred to in subsection (1) may be exercised—

(a) in the Scottish offshore region (and in relation to any vessel, aircraft or marine structure in that region);

(b) in any area within the United Kingdom or the UK inshore region, in relation to an offence which the person reasonably believes has been committed within the Scottish offshore region;

(c) in relation to any vessel, aircraft or marine structure in any other area within the UK marine area which has been pursued there in accordance with subsection (4).

(4) A vessel, aircraft or marine structure is pursued in accordance with this subsection if—

(a) immediately before the pursuit of the vessel, aircraft or structure commences, the vessel, aircraft or structure is in the Scottish offshore region,

(b) before the pursuit of the vessel, aircraft or structure commences, a signal is given for it to stop, and

(5) The signal referred to in subsection (4)(b) must be given in such a way as to be audible or visible from the vessel, aircraft or structure in question.

(6) For the purposes of subsection (4)(c), pursuit is not interrupted by reason only of the fact that—

(a) the method of carrying out the pursuit, or

(b) the identity of the vessel or aircraft carrying out the pursuit,

changes during the course of the pursuit.

(7) Nothing in this section affects any right of hot pursuit which a person appointed under this section may have under international law.

(8) The powers which a person appointed under this section has for the purposes referred to in subsection (1) may not be exercised in relation to any British warship.

(9) In this section “UK inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to the United Kingdom.

(10) Any term used in this section and in Part 4 of this Act has the same meaning in this section as it has in that Part.

Enforcement of MCZs in Scottish offshore region

243

(1) The Scottish Ministers may appoint persons for the purposes of enforcing section 140 of this Act.

(2) For the purposes of enforcing section 140 of this Act, a person appointed under this section has the common enforcement powers conferred by this Act.

(3) Subject to subsections (8) and (9), the powers which a person appointed under this section has for the purposes of enforcing section 140 of this Act may be exercised—

(a) in the Scottish offshore region (and in relation to any vessel, aircraft or marine installation in that region);

(b) in any area within the United Kingdom or the UK inshore region, in relation to an offence which the person reasonably believes has been committed within the Scottish offshore region;

(c) in relation to any vessel, aircraft or marine installation in any other area within the UK marine area which has been pursued there in accordance with subsection (4).

(4) A vessel, aircraft or marine installation is pursued in accordance with this subsection if—

(a) immediately before the pursuit of the vessel, aircraft or installation commences, the vessel, aircraft or installation is in the Scottish offshore region,

(b) before the pursuit of the vessel, aircraft or installation commences, a signal is given for it to stop, and

(5) The signal referred to in subsection (4)(b) must be given in such a way as to be audible or visible from the vessel, aircraft or installation in question.

(6) For the purposes of subsection (4)(c), pursuit is not interrupted by reason only of the fact that—

(a) the method of carrying out the pursuit, or

(b) the identity of the vessel or aircraft carrying out the pursuit,

changes during the course of the pursuit.

(7) Nothing in this section affects any right of hot pursuit which a person appointed under this section may have under international law.

(8) The powers which a person appointed under this section has for the purposes of enforcing section 140 of this Act may not be exercised in relation to any British warship.

(9) The powers which a person appointed under this section has for the purposes of enforcing section 140 of this Act may not be exercised in relation to any vessel within subsection (10) unless—

(a) in the case of a third country vessel, other than a vessel falling within paragraph (b) or (c) of that subsection, the United Kingdom is entitled under international law to exercise those powers without the consent of the flag state, or

(b) the Commissioners have given authority to exercise those powers.

(10) The vessels are—

(a) a third country vessel;

(b) a warship that is being used by the government of a State other than the United Kingdom;

(11) The Commissioners may give authority under subsection (9)(b) only if the flag state has consented to the United Kingdom exercising those powers (whether generally or in relation to the vessel in question).

(12) In giving such authority, the Commissioners must impose such conditions or limitations on the exercise of the powers as are necessary to give effect to any conditions or limitations imposed by the flag state.

(13) In this section “UK inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to the United Kingdom.

Interpretation

Interpretation of this Chapter

244

(1) In this Chapter—

“British marine installation” means a marine installation owned by or leased to an individual residing in, or a body corporate incorporated under the law of, any part of the United Kingdom;

“British warship” means a ship belonging to Her Majesty and forming part of Her Majesty's armed forces;

“civilian marine enforcement officer” means a person appointed as a marine enforcement officer by the MMO or the Welsh Ministers;

“the Commissioners” means the Commissioners for Her Majesty's Revenue and Customs;

“fishing boat” means any vessel that is being used for fishing or for any activity relating to fishing;

“flag state”, in relation to a vessel, means the State whose flag the vessel is flying or is entitled to fly;

“marine installation” means any artificial island, installation or structure (other than a vessel);

“Northern Ireland fishing boat” means a fishing boat which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 (c. 21) and whose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging;

“petroleum” has the same meaning as in Part 3 of the Petroleum Act 1998 (c. 17) (see section 28(1) of that Act);

“Scottish fishing boat” means a fishing boat which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the boat is to be treated as belonging;

“third country vessel” means a vessel which—is flying the flag of, or is registered in, any State or territory other than the United Kingdom, andis not registered in the United Kingdom.

(2) In this Chapter, except where otherwise provided, any reference to a vessel includes a reference to—

(a) any ship or boat or any other description of vessel used in navigation, and

(b) any hovercraft, submersible craft or other floating craft,

but does not include a reference to anything that permanently rests on, or is permanently attached to, the sea bed.

Chapter 2 — Common enforcement powers

Introductory

Common enforcement powers

245

(1) This Chapter sets out the powers that may be exercised by a person who has the common enforcement powers conferred by this Act.

(2) In this Chapter—

“enforcement officer” means any person who has the common enforcement powers conferred by this Act;

“relevant activity”, in relation to an enforcement officer, means any activity in respect of which the officer has functions;

“relevant function”, in relation to an enforcement officer, means any function of that officer;

“relevant offence”, in relation to an enforcement officer, means any offence in respect of which the officer has functions.

(3) The powers conferred on an enforcement officer by any section in this Chapter are without prejudice to any powers exercisable by the officer apart from that section.

Entry, search and seizure

Power to board and inspect vessels and marine installations

246

(1) For the purposes of carrying out any relevant functions, an enforcement officer may at any time board and inspect a vessel or marine installation.

This is subject to section 249 (which provides that a warrant is necessary to enter a dwelling).

(2) For the purposes of exercising the power conferred by subsection (1), the officer may require a vessel or marine installation—

(a) to stop, or

(b) to do anything else that will facilitate the boarding of that or any other vessel or marine installation.

(3) An enforcement officer who has boarded a vessel or marine installation may, for the purposes of disembarking from the vessel or installation, require that or any other vessel or marine installation—

(a) to stop, or

(b) to do anything else that will enable the officer, and any person accompanying the officer, to disembark from the vessel or installation.

(4) An enforcement officer may require any person on board a vessel or marine installation to afford such facilities and assistance with respect to matters under that person's control as the officer considers would facilitate the exercise of any power conferred by this section.

Power to enter and inspect premises

247

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

This is subject to section 249 (which provides that a warrant is necessary to enter a dwelling).

(2) The officer may only exercise the power conferred by this section at a reasonable time, unless it appears to the officer that there are grounds for suspecting that the purpose of entering the premises may be frustrated if the officer seeks to enter at a reasonable time.

(3) An enforcement officer may require any person in or on the premises to afford such facilities and assistance with respect to matters under that person's control as the officer considers would facilitate the exercise of the power conferred by this section.

(4) In this section “premises” includes land, but does not include any vehicle, vessel or marine installation.

Power to enter and inspect vehicles

248

(1) For the purposes of carrying out any relevant functions, an enforcement officer may at any time—

(a) enter and inspect any vehicle;

(b) stop and detain any vehicle for the purposes of entering and inspecting it.

This is subject to section 249 (which provides that a warrant is necessary to enter a dwelling).

(2) Where—

(a) an enforcement officer has stopped a vehicle under this section, and

(b) the officer considers that it would be impracticable to inspect the vehicle in the place where it has stopped,

the officer may require the vehicle to be taken to such place as the officer directs to enable the vehicle to be inspected.

(3) An enforcement officer may require—

(a) any person travelling in a vehicle, or

(b) the registered keeper of a vehicle,

to afford such facilities and assistance with respect to matters under that person's control as the officer considers would facilitate the exercise of any power conferred by this section.

(4) The powers conferred by this section may be exercised in any place (whether or not it is a place to which the public has access).

(5) In this section “vehicle” does not include any vessel.

Dwellings

249

(1) An enforcement officer may not by virtue of section 246, 247 or 248 enter any dwelling unless a justice has issued a warrant authorising the officer to enter the dwelling.

(2) A justice may only issue such a warrant if, on an application by the officer, the justice is satisfied—

(a) that the officer has reasonable grounds for believing that there is material in the dwelling which for the purposes of carrying out any relevant functions the officer wishes to inspect, examine or seize, and

(b) that any of the conditions in subsection (3) is satisfied.

(3) The conditions are—

(a) that it is not practicable to communicate with any person entitled to grant entry to the dwelling;

(b) that it is not practicable to communicate with any person entitled to grant access to that material;

(d) that the purpose of entry may be frustrated or seriously prejudiced unless an enforcement officer arriving at the dwelling can secure immediate entry to it.

(4) Schedule 17 contains further provision about warrants issued under this section.

(5) In this Chapter “justice” means—

(a) in relation to England and Wales, a justice of the peace;

(b) in relation to Northern Ireland, a lay magistrate;

Powers of search, examination, etc

250

(1) Where an enforcement officer is exercising a power of inspection conferred by section 246, 247 or 248, the officer may—

(a) search the relevant premises for any item;

(b) examine anything that is in or on the relevant premises.

(2) Where an enforcement officer reasonably believes that a person is or has been carrying on a relevant activity, the officer may—

(a) search or examine anything which appears to be in the person's possession or control;

(b) stop and detain the person for the purposes of such a search or examination.

(3) An enforcement officer may carry out any measurement or test of anything which the officer has power under this section to examine.

(4) The power conferred by subsection (3) includes power to take a sample from any live animal or plant.

(5) For the purpose of exercising any power conferred by this section, an enforcement officer may, so far as is reasonably necessary for that purpose, break open any container or other locked thing.

(6) Where an enforcement officer is exercising a power of inspection conferred by section 246, 247 or 248, the officer may require any person in or on the relevant premises to afford such facilities and assistance with respect to matters under that person's control as the officer considers would facilitate the exercise of any power conferred by 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 person of any power conferred by this section.

(8) Nothing in this section confers any power to search a person.

(9) The reference in subsection (1) to anything that is in or on the relevant premises includes a reference to—

(a) anything that is attached to or otherwise forms part of the relevant premises, and

(b) anything that is controlled from the relevant premises.

(10) In this section—

“animal” includes any egg, larva, pupa, or other immature stage of an animal;

“item” includes—any document or record (in whatever form it is held);any animal or plant;

“sample” means a sample of blood, tissue or other biological material.

Power to require production of documents, etc

251

(1) This section applies where an enforcement officer is exercising a power of inspection conferred by section 246, 247 or 248.

(2) The officer may require any person in or on the relevant premises to produce any document or record that is in the person's possession or control.

(3) A reference in this section to the production of a document includes a reference to the production of—

(a) a hard copy of information recorded otherwise than in hard copy form, or

(b) information in a form from which a hard copy can be readily obtained.

(4) For the purposes of this section—

(a) information is recorded in hard copy form if it is recorded in a paper copy or similar form capable of being read (and references to hard copy have a corresponding meaning);

(b) information can be read only if—

(i) it can be read with the naked eye, or

(ii) to the extent that it consists of images (for example photographs, pictures, maps, plans or drawings), it can be seen with the naked eye.

Powers of seizure, etc

252

(1) An enforcement officer who is exercising a power of inspection conferred by section 246, 247 or 248 may—

(a) seize and detain or remove any item found on the relevant premises;

(b) take copies of or extracts from any document or record found on the relevant premises.

(2) Where an enforcement officer reasonably believes that a person is or has been carrying on a relevant activity, the officer may seize and detain or remove any item which appears to be in the person's possession or control.

(3) An enforcement officer to whom any document or record has been produced in accordance with a requirement imposed under section 251 may—

(a) seize and detain or remove that document or record;

(b) take copies of or extracts from that document or record.

In this subsection “document” includes anything falling within paragraph (a) or (b) of section 251(3).

(4) The powers conferred by this section may only be exercised—

(a) for the purposes of determining whether a relevant offence has been committed, or

(b) in relation to an item which an enforcement officer reasonably believes to be evidence of the commission of a relevant offence.

(5) Subject to subsection (6), an enforcement officer who is exercising a power of inspection conferred by section 246, 247 or 248 may not remove from the relevant premises any item which is required by law to be kept on the relevant premises.

(6) An enforcement officer may remove such an item from a vessel while it is being detained in a port.

(7) Nothing in this section confers power on an enforcement officer to seize an item which the officer has reasonable grounds for believing to be—

(a) an item subject to legal privilege (within the meaning of the Police and Criminal Evidence Act 1984 (c. 60)), or

(b) an item in respect of which a claim to confidentiality of communications could be maintained in legal proceedings in Scotland.

Further provision about seizure

253

(1) Where—

(a) any items 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 items if they remained in the container for that purpose,

any power to seize and remove the items conferred by section 252 includes power to seize and remove the container.

(2) Where—

(a) any items which an enforcement officer wishes to seize and remove are not in a container, and

(b) the officer reasonably considers that it would facilitate the seizure and removal of the items if they were placed in a container suitable for that purpose,

the officer may require the items to be placed into such a container.

(3) If, in the opinion of an enforcement officer, it is not for the time being practicable for the officer to seize and remove any item, the officer may require—

(a) the person from whom the item is being seized, or

(b) where the officer is exercising a power of inspection conferred by section 246, 247 or 248, any person in or on the relevant premises,

to secure that the item is not removed or otherwise interfered with until such time as the officer may seize and remove it.

(4) Where an enforcement officer is exercising a power of inspection conferred by section 246, 247 or 248, the officer may require any person in or on the relevant premises to afford such facilities and assistance with respect to matters under that person's control as the officer considers would facilitate the exercise of any power conferred by section 252 or this section.

(5) 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 person of any power conferred by section 252 or this section.

(6) In section 66 of the Criminal Justice and Police Act 2001 (c. 16) (general interpretation of Part 2) in subsection (1)—

(a) before the definition of “premises” insert—

“marine installation” has the meaning given by section 262 of the Marine and Coastal Access Act 2009;

;

(b) in the definition of “premises”, after “offshore installation” insert “ or other marine installation ”.

(7) In Part 1 of Schedule 1 to that Act (powers of seizure to which section 50 applies), after paragraph 73K insert—

(73L) Each of the powers of seizure conferred by section 252(1) and (3) of the Marine and Coastal Access Act 2009.

Retention of seized items

254

(1) This section applies to any item seized in the exercise of a power conferred by section 252.

(2) The item may be retained so long as is necessary in all the circumstances and in particular—

(a) for use as evidence at a trial for a relevant offence, or

(b) for forensic examination or for investigation in connection with a relevant offence.

(3) No item may be retained for either of the purposes mentioned in subsection (2) if a photograph or a copy would be sufficient for that purpose.

Miscellaneous and ancillary powers

Power to record evidence of offences

255

(1) An enforcement officer may use any device for the purpose of taking visual images of anything which the officer believes is evidence of the commission of a relevant offence.

(2) The power conferred by this section is exercisable in relation to—

(a) anything that is in or on,

(b) anything that is attached to or otherwise forms part of, or

any vessel, marine installation, premises or vehicle.

(3) The officer may require any person in or on the vessel, marine installation, premises or vehicle to afford such facilities and assistance with respect to matters under that person's control as the officer considers would facilitate the exercise of the power conferred by this section.

Power to require name and address

256

Where an enforcement officer reasonably believes that a person has committed a relevant offence, the officer may require the person to provide the person's name and address.

Power to require production of licence, etc

257

(1) Where an enforcement officer reasonably believes—

(a) that a person is or has been carrying on a relevant activity, and

(b) that the person requires a licence or other authority to carry on that activity,

the officer may require the person to produce that licence or other authority.

(2) If the person is unable to produce the licence or other authority when required to do so, the person must produce it at such place, and within such period of time, as the officer may specify.

Power to require attendance of certain persons

258

(1) This section applies where an enforcement officer has—

(a) boarded a vessel or marine installation, or

(b) entered any premises.

(2) For the purposes of carrying out any relevant functions, the officer may require the attendance of—

(a) the person who is for the time being in charge of the vessel or marine installation;

(b) any other person who is on board the vessel or marine installation;

(d) any person who is on the premises.

Power to direct vessel or marine installation to port

259

(1) This section applies where—

(a) an enforcement officer considers that it would not be reasonably practicable for the officer to exercise a power which the officer wishes to exercise in relation to a vessel or marine installation without detaining the vessel or marine installation in a port, or

(b) an enforcement officer reasonably believes that—

(i) a vessel or marine installation is itself evidence of the commission of a relevant offence, and

(ii) the only reasonably practicable way to preserve that evidence is to detain the vessel or marine installation in a port.

(2) The officer may—

(a) take, or arrange for another person to take, the vessel or marine installation and its crew to the port which appears to the officer to be the nearest convenient port, or

(b) require the person who is for the time being in charge of the vessel or marine installation to take it and its crew to that port.

(3) When the vessel or marine installation has been taken to a port, the officer may—

(a) detain it there, or

(b) require the person for the time being in charge of it to do so.

(4) An enforcement officer who detains any vessel or marine installation under this section must serve a notice on the person who is for the time being in charge of it.

(5) The notice must state that the vessel or marine installation is to be detained until the notice is withdrawn.

(6) A notice served under subsection (4) may be withdrawn by service of a further notice signed by an appropriate enforcement officer.

(7) In subsection (6) the reference to an appropriate enforcement officer is a reference to any enforcement officer acting on behalf of the same relevant authority as the enforcement officer who served the notice under subsection (4), and includes a reference to that officer.

“Relevant authority” means the person or body on whose behalf the officer who detained the vessel or marine installation was acting.

Assistance etc

260

(1) To assist in carrying out any relevant functions, an enforcement officer may bring—

(a) any other person;

(b) any equipment or materials.

(2) A person who is brought by an enforcement officer to provide assistance may exercise any powers conferred by this Act which the officer may exercise, but only under the supervision or direction of the officer.

Power to use reasonable force

261

(1) An enforcement officer may use reasonable force, if necessary, in the exercise of any power conferred by this Act.

(2) A person assisting an enforcement officer under section 260 may use reasonable force, if necessary, in the exercise of any power conferred by this Act.

Interpretation

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.