Explanatory Notes

Marine and Coastal Access Act 2009

2009 CHAPTER 23

12th November 2009

Summary and Background

Part 8: Enforcement

Chapter 2: Common Enforcement Powers
Entry, search and seizure
Section 253: Further provision about seizure

659.Subsections (1) and (2) give officers powers to seize and remove things which are kept in a container and to require evidence to be put into a container so that it may be removed, such as might be necessary for undersized fish.

660.Subsection (3) enables officers to require that documents or materials are kept on the premises for safekeeping pending removal and seizure.

661.Subsections (4) and (5) provide that the officer may require someone to assist them with regard to matters under that person’s control, for instance by opening doors, assisting with moving items etc.

662.Subsection (6) amends the definition of premises in section 66 of the Criminal Justice and Police Act 2001 to include “marine installation” so that the powers of seizure conferred by Part 2 of that Act may be exercised in relation to marine installations. Subsection (7) adds the Marine and Coastal Access Act 2009 to the list of legislation to which section 50 of that Act applies. Section 50 of the 2001 Act enables officers to remove property that otherwise they would not have the power to seize so that they may sift through and determine whether it contains something which they would have the power to seize, when it is not reasonably practicable to determine this on the premises.