Marine and Coastal Access Act 2009

252 Powers of seizure, etc

(1) An enforcement officer who is exercising a power of inspection conferred by section 246, 247 or 248 may—

(a) seize and detain or remove any item found on the relevant premises;

(b) take copies of or extracts from any document or record found on the relevant premises.

(2) Where an enforcement officer reasonably believes that a person is or has been carrying on a relevant activity, the officer may seize and detain or remove any item which appears to be in the person’s possession or control.

(3) An enforcement officer to whom any document or record has been produced in accordance with a requirement imposed under section 251 may—

(a) seize and detain or remove that document or record;

(b) take copies of or extracts from that document or record.

In this subsection “document” includes anything falling within paragraph (a) or (b) of section 251(3).

(4) The powers conferred by this section may only be exercised—

(a) for the purposes of determining whether a relevant offence has been committed, or

(b) in relation to an item which an enforcement officer reasonably believes to be evidence of the commission of a relevant offence.

(5) Subject to subsection (6), an enforcement officer who is exercising a power of inspection conferred by section 246, 247 or 248 may not remove from the relevant premises any item which is required by law to be kept on the relevant premises.

(6) An enforcement officer may remove such an item from a vessel while it is being detained in a port.

(7) Nothing in this section confers power on an enforcement officer to seize an item which the officer has reasonable grounds for believing to be—

(a) an item subject to legal privilege (within the meaning of the Police and Criminal Evidence Act 1984 (c. 60)), or

(b) an item in respect of which a claim to confidentiality of communications could be maintained in legal proceedings in Scotland.