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Aquaculture and Fisheries (Scotland) Act 2013

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This is the original version (as it was originally enacted).

Enforcement of sea fisheries legislation

35Powers of British sea-fishery officers to enforce sea fisheries legislation

Explanatory NotesShow EN

(1)For the purposes of enforcing the sea fisheries legislation, a British sea-fishery officer has—

(a)the common enforcement powers conferred by Part 7 of the Marine (Scotland) Act 2010, and

(b)the powers conferred by sections 36 and 39.

(2)Subject to subsection (3), the powers which a British sea-fishery officer has by virtue of subsection (1) for the purposes of enforcing the sea fisheries legislation may be exercised—

(a)in the Scottish enforcement area, and

(b)in relation to any Scottish fishing boat wherever it may be.

(3)Those powers may not be exercised in relation to any British warship (that is, any ship belonging to Her Majesty and forming part of Her Majesty’s armed forces).

(4)The powers which a British sea-fishery officer has by virtue of subsection (1) are without prejudice to any other powers exercisable by the officer for the purposes of enforcing the sea fisheries legislation.

(5)However, the officer may exercise any such other power only in a case where the officer is unable to exercise a power which the officer has by virtue of subsection (1).

(6)So far as necessary for the purposes, or in consequence, of the exercise of the powers referred to in subsection (1)(a), references in Part 7 of the Marine (Scotland) Act 2010 to a marine enforcement officer are to be read as including references to a British sea-fishery officer.

(7)Sections 151 to 155 of the Marine (Scotland) Act 2010 (duties and liabilities of, and offences in relation to, marine enforcement officers) have effect as if—

(a)any reference to a power conferred by Part 7 of that Act included a reference to—

(i)such a power as applied by subsection (1)(a), and

(ii)the powers conferred by sections 36 and 39, and

(b)any reference to a marine enforcement officer’s functions under that Act included a reference to the functions of a British sea-fishery officer under—

(i)Part 7 of that Act as applied by subsection (1)(a), and

(ii)sections 36 and 39.

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