Part III

Protection of Ships and Harbour Areas against Acts of Violence

Offences relating to security of ships and harbour areas.

Unauthorised presence in restricted zone.
39
1
A person shall not—
a
go, with or without a vehicle or vessel, onto or into any part of a restricted zone of a harbour area except with the permission of the competent authority, or a person acting on behalf of that authority and in accordance with any conditions subject to which that permission is for the time being granted, or
b
remain in any part of such a restricted zone after being requested to leave by the competent authority, or a person acting on behalf of that authority.
2
Subsection (1)(a) above does not apply unless it is proved that, at the material time, notices stating that the area concerned was a restricted zone were posted so as to be readily seen and read by persons entering the restricted zone.
2A
A constable or any person acting on behalf of the competent authority may use such force as is reasonable in the circumstances to remove from a restricted zone a person remaining in it in contravention of subsection (1)(b) above.
2B
For the purposes of this section the competent authority in relation to a restricted zone is—
a
if the zone was designated on the application of a harbour authority, that authority; and
b
if the zone was designated on the application of a harbour operator, that operator.
3
A person who contravenes subsection (1) above without lawful authority or reasonable excuse is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
S. 39 extended (with modifications) (Jersey) (1.1.1997) by S.I. 1996/2881, art. 2, Sch. Pts. I, II
Words in s. 39(1)(a)(b) substituted (17.7.1997) by 1997 c. 28, s. 25, Sch. 4 para. 10(2); S.I. 1997/1539, art. 2, Sch.
S. 39(2A)(2B) inserted (17.7.1997) by 1997 c. 28, s. 25, Sch. 4 para. 10(3); S.I. 1997/1539, art. 2, Sch.
Pt. III extended (with modifications.) (Jersey) (1.1.1997) by S.I. 1996/2881, art. 2, Sch. Pts. I, II
Ss. 9-43 extended (Jersey) (with modifications) (coming into force in accordance with art. 1(1) of the extending S.I.) by The Maritime Security (Jersey) Order 2014 (S.I. 2014/265), art. 2, Sch.