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.

Offences in relation to marine enforcement officers

Section 155 - Offences in relation to marine enforcement officers

217.Section 155 sets out the circumstances in which persons may be guilty of offences in relation to preventing a marine enforcement officer from properly carrying out duties. This section provides sanctions and penalties for anyone who fails to comply with a requirement made by an enforcement officer, or who assaults or intentionally obstructs an enforcement officer, when the officer is carrying out their duties. It is an offence for anyone knowingly to provide false or misleading information in any particular form or material to an enforcement officer. This includes intentionally failing to disclose any information or materials requested for by the enforcement officer. Anyone who pretends to be an enforcement officer is also guilty of an offence. Offences against enforcement officers also apply similarly to acts in relation to their assistants. Subsection (2) provides that someone who was required to produce a licence under section 145 and did not do so at the time but complied with a requirement to produce it later, is not guilty of an offence.