C1Part 3Marine protection

Annotations:
Modifications etc. (not altering text)
C1

Pt. 3 applied (with modifications) by S.R. 1995/380, reg. 31(1)(2) (as substituted (18.9.2013) by Marine Act (Northern Ireland) 2013 (c. 10), ss. 40(5), 49 (with ss. 1(1), 46(3), 47))

Enforcement powers

38Enforcement officers

1

The Department may appoint persons for the purposes of enforcing—

a

Articles 4, 6, 7, 10, 12, 13, 14, 15 and 15A of the Wildlife (Northern Ireland) Order 1985;

b

regulations 34, 36 and 38 of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995;

c

any byelaws made by virtue of regulations 23 or 31 of those Regulations;

d

Article 46 of the Environment (Northern Ireland) Order 2002;

e

any byelaws made under section 26 or 29 of this Act; and

f

section 33 of this Act.

2

For the purposes of enforcing those provisions, a person appointed under this section has the common enforcement powers (see section 39).

3

Subject as follows, those powers may be exercised in the Northern Ireland inshore region and in any other part of Northern Ireland.

4

Those powers may not be exercised in relation to any ship belonging to Her Majesty and forming part of the armed forces.

5

Those powers may not be exercised in relation to any vessel within subsection (6) unless, in the case of a third country vessel (other than a vessel falling within paragraph (b) or (c) of that subsection), the United Kingdom is entitled under international law to exercise those powers without the consent of the flag state.

6

The vessels are—

a

a third country vessel;

b

a warship that is being used by the government of a State other than the United Kingdom;

c

any other vessel that is being used by such a government for any non-commercial purpose.

7

In this section—

  • “flag state”, in relation to a vessel, means the State whose flag the vessel is flying or is entitled to fly;

  • “third country vessel” means a vessel which—

    1. a

      is flying a flag of, or is registered in, any State or territory F1other than the United Kingdom; and

    2. b

      is not registered in F2the United Kingdom.

8

Sections 289 to 292 of the 2009 Act (which provide for the identification, liability and protection of enforcement officers under that Act) apply to a person appointed under this section as they apply to such enforcement officers, but with the substitution—

a

for references to any power conferred by Part 8 of the 2009 Act of references to any of the common enforcement powers conferred by subsection (2);

b

for references to functions under that Act of references to functions under this Part; and

c

for the reference in section 292(10) to the United Kingdom of a reference to Northern Ireland.