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Marine (Scotland) Act 2010
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155Offences in relation to marine enforcement officersS
This section has no associated Explanatory Notes
(1)A person commits an offence if the person—
(a)fails without reasonable excuse to comply with a requirement reasonably made, or a direction reasonably given, by a marine enforcement officer in the exercise of any power conferred by the Act,
(b)prevents any other person from complying with any such requirement or direction.
(2)But a person does not commit an offence by reason of a failure to comply with a requirement under section 145(1) (to produce a licence or other authority for the carrying on of a relevant activity) if the person complies with section 145(2) (production of licence or other authority at a place and within a period specified by the marine enforcement officer).
(3)A person who provides information in pursuance of a requirement reasonably made by a marine enforcement officer in the exercise of the power conferred by section 150 (requiring information relating to certain substances or objects) commits an offence if—
(a)the information is false in a material particular and the person—
(i)knows that it is,
(ii)is reckless as to whether it is,
(b)the person intentionally fails to disclose any material particular.
(4)A person who intentionally obstructs a marine enforcement officer in the performance of any of the officer's functions under this Act commits an offence.
(5)A person who assaults a marine enforcement officer in the performance of any of the officer's functions under this Act commits an offence.
(6)A person who, with intent to deceive, falsely pretends to be a marine enforcement officer commits an offence.
(7)A person who is guilty of an offence under subsection (1), (3) or (6) is liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum,
(b)on conviction on indictment, to a fine.
(8)A person who is guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding £20,000.
(9)A person who is guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding £50,000.
(10)In this section, any reference to a marine enforcement officer includes a reference to a person assisting a marine enforcement officer by virtue of section 148.
Modifications etc. (not altering text)
C1Pt. 7 modified (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 35(6), 66(2) (with s. 65); S.S.I. 2013/249, art. 2
C2Ss. 151-155 applied (31.12.2010) by The Marine (Scotland) Act 2010 (Consequential Provisions) Order 2010 (S.I. 2010/2870), arts. 1, 9
C3Ss. 151-155 modified (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 7(3), 66(2) (with s. 65); S.S.I. 2013/249, art. 2
C4Ss. 151-155 modified (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 35(7), 66(2) (with s. 65); S.S.I. 2013/249, art. 2
Commencement Information
I1S. 155 in force at 1.7.2010 by S.S.I. 2010/230, art. 2(f)
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