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Marine (Scotland) Act 2010

Duties of marine enforcement officers

Section 151 - Duty to provide evidence of authority where a person is present

212.Section 151 sets out that, where one or more persons are present at the time a marine enforcement officer intends to exercise a power conferred by Part 7, the officer may exercise the power only after complying with certain conditions.

213.These conditions are that, where one person is present at that time, the officer must produce evidence of his authorisation to that person. Where more than one person is present at that time, the officer must produce evidence to the person who appears to the officer to have the greatest interest in the exercise of the power, and is not required to produce it to any other person present.

Section 152 - Duty to state name and purpose, etc.

214.Section 152 deals with the duty on a marine enforcement officer to state name and purpose. Enforcement officers are obliged on request to state their name, the power they are intending to use and reason for its use. A person assisting an enforcement officer need not give their name, but would need (on request) to say what power was being used and why.

Section 153 - Disapplication of sections 151 and 152 in relation to dwellings

215.This section provides that sections 151 and 152 do not apply as regards the exercise by a marine enforcement officer of any power conferred by Part 7 in relation to entry to a dwelling. This is because schedule 3 makes specific provision in relation to the exercise of warrants under section 137 authorising a marine enforcement officer to enter a dwelling.

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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

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