Sea Fisheries (Shellfish) Act 1967

[F1 [F2 4CA Power to enter land S

(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.]]

Textual Amendments

F1 Ss. 4A-4D inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 98(1), 104(1); S.S.I. 2006/432, art. 2(f)

F2 S. 4CA inserted (S.) (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 57(2), 66(2) (with s. 65); S.S.I. 2013/249, art. 2