Marine and Coastal Access Act 2009 Explanatory Notes

Section 166: Powers of IFC officers

459.Enforcement powers are listed in Part 8 of the Act. This section sets out the powers from that list which are available to an IFC officer and the legislation in respect of which they may be exercised. The geographical area in relation to which an IFC officer may exercise his enforcement powers is set out at subsection (4).

460.Subsections (5) to (8) make provision for an IFC officer to engage in hot pursuit of a vessel or vehicle from the IFC district for which he has been appointed. Hot pursuit applies only in relation to any vessel or vehicle in Scotland or the Scottish Zone which has been pursued there in accordance with subsection (5).

461.This section makes it clear that IFC officers may enforce byelaws made for the district under section 155, whether or not the byelaws are made by the IFC authority for the district. This covers the situation where an IFC authority has delegated byelaw-making powers to an eligible body.

462.Subsection (2) allows the Secretary of State to amend subsection (1) of this section (the list of legislation in respect of which enforcement powers may be exercised).

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