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Marine and Coastal Access Act 2009

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253Further provision about seizureE+W+S+N.I.
This section has no associated Explanatory Notes

(1)Where—

(a)any items which an enforcement officer wishes to seize and remove are in a container, and

(b)the officer reasonably considers that it would facilitate the seizure and removal of the items if they remained in the container for that purpose,

any power to seize and remove the items conferred by section 252 includes power to seize and remove the container.

(2)Where—

(a)any items which an enforcement officer wishes to seize and remove are not in a container, and

(b)the officer reasonably considers that it would facilitate the seizure and removal of the items if they were placed in a container suitable for that purpose,

the officer may require the items to be placed into such a container.

(3)If, in the opinion of an enforcement officer, it is not for the time being practicable for the officer to seize and remove any item, the officer may require—

(a)the person from whom the item is being seized, or

(b)where the officer is exercising a power of inspection conferred by section 246, 247 or 248, any person in or on the relevant premises,

to secure that the item is not removed or otherwise interfered with until such time as the officer may seize and remove it.

(4)Where an enforcement officer is exercising a power of inspection conferred by section 246, 247 or 248, the officer may require any person in or on the relevant premises to afford such facilities and assistance with respect to matters under that person's control as the officer considers would facilitate the exercise of any power conferred by section 252 or this section.

(5)Where an enforcement officer reasonably believes that a person is or has been carrying on a relevant activity, the officer may require that person to afford such facilities and assistance with respect to matters under that person's control as the officer considers would facilitate the exercise in relation to that person of any power conferred by section 252 or this section.

(6)In section 66 of the Criminal Justice and Police Act 2001 (c. 16) (general interpretation of Part 2) in subsection (1)—

(a)before the definition of “premises” insert—

marine installation” has the meaning given by section 262 of the Marine and Coastal Access Act 2009;;

(b)in the definition of “premises”, after “offshore installation” insert “ or other marine installation ”.

(7)In Part 1 of Schedule 1 to that Act (powers of seizure to which section 50 applies), after paragraph 73K insert—

Marine and Coastal Access Act 2009 (c. 23)

73LEach of the powers of seizure conferred by section 252(1) and (3) of the Marine and Coastal Access Act 2009.

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Commencement Information

I1S. 253 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 21

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