Explanatory Notes

Marine (Scotland) Act 2010

2010 asp 5

10 March 2010

The Act

Part 7 – Common Enforcement Powers Etc.: Licensing and Marine Protection Etc.

Duties of marine enforcement officers

Section 151 - Duty to provide evidence of authority where a person is present

212.Section 151 sets out that, where one or more persons are present at the time a marine enforcement officer intends to exercise a power conferred by Part 7, the officer may exercise the power only after complying with certain conditions.

213.These conditions are that, where one person is present at that time, the officer must produce evidence of his authorisation to that person. Where more than one person is present at that time, the officer must produce evidence to the person who appears to the officer to have the greatest interest in the exercise of the power, and is not required to produce it to any other person present.