PART 4Shellfish

Orders as to fisheries for shellfish

I157Enforcement of orders: powers of entry

1

The Sea Fisheries (Shellfish) Act 1967 is amended in accordance with this section.

2

After section 4C insert—

4CAPower to enter land

1

For the purposes of exercising the powers conferred by sections 4A to 4C, and of enforcing the restrictions imposed by, or regulations made by, an order under section 1 conferring a right of regulating a fishery, a British sea-fishery officer may at any time enter land (including the foreshore) other than a dwelling house, and for that purpose may—

a

open lockfast places,

b

remove any objects preventing the officer from gaining access to the land,

c

require any person who has placed an object in such a position as to prevent the officer from gaining access to the land to remove the object,

d

require the owner or occupier of the land to allow the officer access to the land.

2

A British sea-fishery officer may—

a

exercise the power of entry under subsection (1) on foot or in a vehicle,

b

when exercising that power, take with the officer—

i

such persons as appear to the officer to be necessary,

ii

any equipment or material.

3

The power of entry under subsection (1)—

a

may not be exercised in relation to land in respect of which section 4B confers a power of entry, and

b

is without prejudice to the power of entry conferred by that section.

4

A British sea-fishery officer who proposes to exercise the power of entry conferred by subsection (1) must, if so required, produce evidence of the officer's identity.

3

In section 4D—

a

in subsection (1)—

i

for the words “or 4B(3) or (12)” substitute “ , 4B(3) or (12) or 4CA(2)(b) ”,

ii

for the words “or 4C” substitute “ , 4C or 4CA ”,

b

in subsection (2)(a), for the words “or 4B” substitute “ , 4B or 4CA ”,

c

after subsection (2) insert—

2A

A constable may arrest without warrant any person who the constable reasonably believes is committing or has committed an offence under subsection (2) relating to—

a

a failure to comply with a requirement imposed under a power conferred by section 4CA,

b

obstructing a British sea-fishery officer in the exercise of such a power.

2B

Subsection (2A) above is without prejudice to any power of arrest conferred by law apart from that subsection.

4

In the title to section 4D, for “4C” substitute “ 4CA ”.

5

After section 24 insert—

24ACrown application: Scotland

1

Section 4CA binds the Crown and applies in relation to Crown land as it applies in relation to other land.

2

Nothing in that section is to be taken as in any way affecting Her Majesty in Her private capacity.

3

No contravention by the Crown of section 4D(2) in respect of a failure to comply with a requirement under a power conferred by section 4CA makes the Crown criminally liable.

4

But the Court of Session may, on the application of the Lord Advocate, declare unlawful any act or omission of the Crown which constitutes such a contravention.

5

For the purposes of subsection (1), “Crown land” means land an interest in which—

a

belongs to Her Majesty in right of the Crown,

b

belongs to an office-holder in the Scottish Administration or a government department or is held in trust for Her Majesty for the purposes of the Scottish Administration or a government department.

6

In subsection (5), “an office-holder in the Scottish Administration” is to be construed in accordance with section 126(7)(a) of the Scotland Act 1998.