Marine and Coastal Access Act 2009

265 Reports of inspections under section 264

(1) This section applies where an enforcement officer inspects any object under section 264.

(2) The officer must prepare a report in relation to the inspection.

(3) The report must state—

(a) the date and time of the inspection;

(b) the identity of the officer who carried out the inspection;

(c) how the officer may be contacted.

(4) In the case of an object seized under section 264(2) or (5), the report must also state—

(a) what has been seized;

(b) the reasons for its seizure;

(c) any further action that it is proposed will be taken in relation to the object.

(5) Where the object has not been seized under section 264(2) or (5), the officer must, if it is reasonably practicable to do so, attach a copy of the report to the object.

If it is not reasonably practicable to attach a copy of the report to the object, the officer must serve a copy of the report on every person who appears to the officer to be the owner, or one of the owners, of the object.

(6) In a case where the officer, after taking reasonable steps to do so, is unable to identify any person as owning the object, the officer must take such steps as the officer thinks fit to bring the contents of the report to the attention of persons likely to be interested in it.

(7) Where—

(a) the object has been seized under section 264(2), and

(b) either of the conditions in subsection (8) is satisfied,

the relevant authority must, if it has not already done so, serve a copy of the report on every person who appears to the authority to be the owner, or one of the owners, of the object.

(8) The conditions are—

(a) that the relevant authority has decided not to take proceedings in respect of any offence in relation to which the object was seized;

(b) that any proceedings taken in respect of such an offence have concluded.

(9) Where the object has been seized under section 264(5), the relevant authority must serve a copy of the report on every person who appears to the authority to be the owner, or one of the owners, of the object at the same time as it serves a notice of collection on that person under section 267.

(10) In a case where the relevant authority, after taking reasonable steps to do so, is unable to identify any person as owning the object—

(a) any reference in this section to a requirement for the authority to serve a copy of a report on such a person is to be read as a reference to a requirement to take such steps as the authority thinks fit to bring the contents of the report to the attention of persons likely to be interested in it, and

(b) the reference in subsection (9) to serving a notice of collection under section 267 is to be read as a reference to taking the steps referred to in subsection (5) of that section.