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Aquaculture and Fisheries (Scotland) Act 2013
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7Marine enforcement officers' functionsS
This section has no associated Explanatory Notes
(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.
Commencement Information
I1S. 7 in force at 16.9.2013 by S.S.I. 2013/249, art. 2
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