Food and Environment Protection Act 1985

Offences relating to licensing system etc. U.K.

9 Offences relating to licensing system. U.K.

(1) Subject to subsections (3) to (7) below, a person who—

(a) except in pursuance of a licence and in accordance with its provisions, does anything for which a licence is needed; or

(b) causes or permits any other person to do any such thing except in pursuance of a licence and in accordance with its provisions,

shall be guilty of an offence.

(2) A person who for the purpose of procuring the issue of a licence, or in purporting to carry out any duty imposed on him by the provisions of a licence—

(a) makes a statement which he knows to be false in a material particular;

(b) recklessly makes a statement which is false in a material particular; or

(c) intentionally fails to disclose any material particular,

shall be guilty of an offence.

(3) Subject to subsection (4) below, it shall be a defence for a person charged with an offence under subsection (1) above in relation to any operation to prove—

(a) that the operation was carried out for the purpose of securing the safety of a vessel, aircraft, hovercraft or marine structure or of saving life; and

(b) that he took steps within a reasonable time to inform one or other of the Ministers—

(i) of the operation;

(ii) of the locality and circumstances in which it took place; and

(iii) of any substances or articles concerned.

(4) A person does not have the defence provided by subsection (3) above if the court is satisfied—

(a) that the operation—

(i) was not necessary for any purpose mentioned in paragraph (a) of that subsection; and

(ii) was not a reasonable step to take in the circumstances; or

(b) that it was necessary for one of those purposes but the necessity was due to the fault of the defendant.

(5) It shall be a defence for a person charged with an offence under subsection (1) above in relation to any operation—

(a) which falls within section 5(b) or (e)(ii) or 6(1)(a)(ii) above; and

(b) which was carried out outside United Kingdom [F1 controlled waters (and not within United Kingdom waters)],

to prove that subsections (6) and (7) below are satisfied in respect of that operation.

(6) This subsection is satisfied—

(a) in respect of an operation falling within section 5(b) above, if the vessel, aircraft, hovercraft, marine structure or container (as the case may be) was loaded in a Convention State or the national or territorial waters of a Convention State with the substances or articles deposited;

(b) in respect of an operation falling within section 5(e)(ii) above, if the vessel scuttled was towed or propelled from a Convention State or the national or territorial waters of a Convention State to the place where the scuttling was carried out; or

(c) in respect of an operation falling within section 6(1)(a)(ii) above, if the vessel or marine structure on which the incineration took place was loaded in a Convention State or the national or territorial waters of a Convention State with the substances or articles incinerated.

(7) This subsection is satisfied in respect of an operation if the operation took place in pursuance of a licence issued by the responsible authority in the Convention State concerned and in accordance with the provisions of that licence.

Textual Amendments

F1 Words substituted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 146(4)

Modifications etc. (not altering text)

C1 S. 9 power to transfer functions conferred (1.12.1998) by 1998 c. 38, s. 22(1)(c)(5), Sch. 3 Pt. I, para. 4(1)(a) (with ss. 139(2), 143(2)); S.I. 1998/2789, art. 2

10 Power to take remedial action. U.K.

(1) [F2 A licensing authority] may carry out any operation which appears to him to be necessary or expedient for the purpose of protecting the marine environment, the living resources which it supports and human health, or of preventing interference with legitimate use of the sea, in any case where anything for which a licence is needed appears to have been done otherwise than in pursuance of a licence and in accordance with its provisions.

(2) If [F3 a licensing authority]carries out an operation under subsection (1) above, he may recover any expenses reasonably incurred by him in carrying it out from any person who has been convicted of an offence in consequence of the act or omission which made it appear to [the licensing authority] to be necessary or expedient to carry out the operation.

Textual Amendments

F2 Words in s. 10(1) substituted (30.6.1999) by S.I. 1999/1756, art. 2, Sch. para. 10(8)(a) (with art. 8); S.I. 1998/3178

F3 Words in s. 10(2) substituted (30.6.1999) by S.I. 1999/1756, art. 2, Sch. para. 10(8)(b) (with art. 8); S.I. 1998/3178

Modifications etc. (not altering text)

C2 S. 10 power to transfer functions conferred (1.12.1998) by 1998 c. 38, s. 22(1)(c)(5), Sch. 3 Pt. I, para. 4(1)(a) (with ss. 139(2), 143(2)); S.I. 1998/2789, art. 2

S. 10 amended (1.7.1999) by S.I. 1999/1750, art. 4, Sch 3 ( with art. 7); S.I. 1998/3178

C3 S. 10(1) modified (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2