Explanatory Notes

Marine (Scotland) Act 2010

2010 asp 5

10 March 2010

The Act

Part 7 – Common Enforcement Powers Etc.: Licensing and Marine Protection Etc.

Common enforcement powers of entry, search and seizure

Section 141 - Further provision about seizure

202.Section 141 provides further regarding seizure. Subsections (1) and (2) give officers powers to seize and remove things which are kept in a container. This includes the ability to require evidence to be put into a container so that it can be removed. Subsection (3) enables officers to require that documents or materials are kept on the premises for safekeeping pending removal and seizure. Subsection (4) allows a marine enforcement officer exercising a power of inspection conferred by section 134, 135 or 136 to 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 140 or 141. Subsection (5) provides that, where a marine 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 of any power conferred by section 140 or 141.