PART 1Aquaculture
CHAPTER 2Fish farming: equipment and wellboats
Wellboats
I17Marine enforcement officers' functions
1
For the purpose of enforcing regulations under section 5(1), a marine enforcement officer has—
a
the common enforcement powers conferred by Part 7 of the Marine (Scotland) Act 2010,
b
the power conferred by section 150 of that Act (power to require information relating to certain substances and objects),
c
the power conferred by subsection (2), and
d
the powers conferred by section 8.
2
Where the requirements of an enforcement notice under section 6 have not been complied with, a marine enforcement officer may take such action as the officer considers necessary to fulfil the requirements.
3
Sections 151 to 155 of the Marine (Scotland) Act 2010 (duties and liabilities of, and offences in relation to, marine enforcement officers) have effect as if—
a
any reference to a power conferred by Part 7 of that Act included a reference to—
i
such a power as applied by subsection (1),
ii
the power conferred by subsection (2), and
iii
the powers conferred by section 8, and
b
any reference to a marine enforcement officer's functions under that Act included a reference to—
i
such functions as applied by subsection (1),
ii
a marine enforcement officer's function under subsection (2), and
iii
a marine enforcement officer's functions under section 8.
4
The powers which a marine enforcement officer has for the purposes of enforcing regulations under section 5(1) may be exercised in the Scottish marine area and in any other part of Scotland.
5
A marine enforcement officer may take action as mentioned in subsection (2) whether or not proceedings have been taken for an offence under section 6(10).
6
The Scottish Ministers may recover any expenses reasonably incurred by a marine enforcement officer in taking action as mentioned in subsection (2) from the person on whom the enforcement notice was served.
7
In this section, “Scottish marine area” has the same meaning as in section 1 of the Marine (Scotland) Act 2010.