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Broads Authority Act 2009

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22Notices requiring information from masters and owners, etc. as to vessels

(1)Where, with a view to performing a function conferred on the Authority by or under the provisions of this Act, Part II (navigation) of the 1988 Act, or Schedule 5 to the 1988 Act, or by or under any byelaw made under any of those provisions, the Authority reasonably considers that it ought to have information as to any vessel which is or has been in the navigation area or on adjacent waters, or as to the master or owner of any such vessel, the Authority may serve a notice on any person reasonably believed by it to be the master or owner, or to have been the master or owner at any date specified in the notice, requiring the recipient to furnish to the Authority within a period specified in the notice (which shall not be less than 28 days beginning with the day on which the notice is served) the information referred to in the notice.

(2)The information which may be required includes—

(a)the name and address of any person whom the recipient of the notice believes to be the master or owner of the vessel, or to have been such master or owner at any date specified in the notice; or

(b)the capacity in which any person who is or has been or is believed by the recipient of the notice to be or have been the master has or takes command, charge, possession or management of the vessel, or had or took such command, charge, possession or management at any date specified in the notice; or

(c)the nature of the interest in or control over the vessel, at any date specified in the notice, of any person who is or has been or is believed by the recipient of the notice to be or have been the owner; or

(d)such information as may be available to the recipient of the notice as to whether the vessel complies with any standards applicable to the vessel; or

(e)details of any insurance policy applicable to the vessel maintained in compliance with section 14.

(3)A notice under this section shall—

(a)name or otherwise identify the vessel in respect of which it is served;

(b)specify the function for the purpose of the performance of which the notice is served; and

(c)specify the enactment by or under which that function is to be performed.

(4)A notice shall not be served under this section on any person who, at the date of service, is believed by the Authority to be no longer the master or owner of the vessel named or identified in the notice if the Authority believes that more than 6 months have elapsed since the recipient ceased to be such owner or master.

(5)A person who—

(a)fails, without reasonable excuse, to comply with the requirements of a notice served on him under subsection (1) above; or

(b)in furnishing any information in compliance with such a notice makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

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