Antarctic Minerals Act 1989

Other controls

6 Power to make regulations

(1) The Secretary of State may make regulations—

(a) prescribing anything required or authorised to be prescribed under this Act;

(b) for securing compliance with the international obligations of the United Kingdom;

(c) for securing the safety, health and welfare of persons engaged in prospecting activities; and

(d) generally for carrying this Act into effect.

(2) Regulations under this section may make different provision for different cases and may, in particular, make provision—

(a) for the granting of exemptions from requirements of the regulations in such circumstances, for such periods and to such extent as may be determined by or under the regulations;

(b) for anything falling to be determined under the regulations to be determined by such persons, in accordance with such procedure and by reference to such matters and to the opinion of such persons as may be prescribed.

(3) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

7 Power to give directions

(1) If it appears to the Secretary of State—

(a) that an activity is being carried on by a person to whom section 1 above applies in contravention of subsection (1) of that section; or

(b) that an activity is being carried on by a licensee, or by an agent or employee of (or an employee of an agent of) a licensee, in contravention of a condition of the licence or of a provision of regulations made under section 6 above,

he may give such directions to that person or licensee (or, in the case of a body corporate, to the holder of any office in that body) as appear to him necessary to secure compliance with the international obligations of the United Kingdom, with the conditions of the licence or with the regulations.

(2) Compliance with a direction may, without prejudice to other means of enforcement, be enforced on the application of the Secretary of State by injunction or, in Scotland, by interdict or by order under section 91 of the [1868 c. 100.] Court of Session Act 1868.

8 Appointment of inspectors

(1) The Secretary of State may appoint as inspectors to discharge such functions as may be prescribed and generally to assist him in the execution of this Act such persons appearing to him to be qualified for the purpose as he considers appropriate.

(2) The Secretary of State may make to or in respect of any inspector appointed under subsection (1) above such payments by way of remuneration or otherwise as the Secretary of State may determine with the approval of the Treasury.

(3) Regulations under section 6 above may make provision with respect to any of the following matters—

(a) powers of inspectors to obtain access to all parts of any ship, aircraft, installation or station used in connection with prospecting activities, and to inspect and take copies of any log book or other document;

(b) powers of inspectors to test equipment and, in special circumstances, to dismantle, test to destruction or take possession of any article of equipment;

(c) powers of inspectors to require, in connection with the survey or inspection of any equipment, the carrying out of procedures by such persons as may be prescribed;

(d) rights of inspectors to require, on payment of reasonable costs, conveyance to or from any ship, aircraft, installation or station used in connection with any prospecting activities, together with any equipment required by them for testing, or any equipment of which they have taken possession in special circumstances;

(e) duties to provide inspectors with reasonable accommodation and means of subsistence while on any ship, aircraft, installation or station in the exercise of their functions under this Act;

(f) powers to be exercisable by inspectors in case of immediate or apprehended danger.

9 Disclosure of information

(1) Subject to subsection (2) below, a person shall not disclose any information—

(a) which he has received in pursuance of this Act, a condition of a licence or a provision of regulations made under section 6 above; and

(b) which relates to some other person.

(2) Subsection (1) above does not apply to any disclosure which is made—

(a) with the written consent of the other person; or

(b) to the Treasury, the Commissioners of Inland Revenue or the Secretary of State; or

(c) with a view to the institution of or otherwise for the purposes of any criminal proceedings under this Act; or

(d) in accordance with the Convention or with regulations made under section 6 above.