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.