Explanatory Notes

Marine and Coastal Access Act 2009

2009 CHAPTER 23

12th November 2009

Summary and Background

Part 8: Enforcement

Chapter 1: Enforcement Officers
Marine Enforcement Officers
Section 237: Enforcement of nature conservation legislation

630.This section sets out the areas in which and the vessels and installations in relation to which an MEO may exercise his enforcement powers for the purposes of enforcing legislation relating to nature conservation. It also sets out the legislation that an MEO may enforce. The enforcement powers that may be exercised are the common enforcement powers in Chapter 2.

631.Within the UK and its marine area there are some restrictions as to where MEOs may exercise their powers for enforcing nature conservation legislation. MEOs have jurisdiction in the relevant enforcement area as defined in section 237(13). If an MEO is investigating an offence suspected of being committed within the relevant enforcement area, they may exercise their powers in Northern Ireland and Scotland and in the territorial waters around Northern Ireland or Scotland by virtue of subsection (3)(c). In the Scottish offshore region they may exercise their powers only if in domestic hot pursuit (see explanatory note to section 236).

632.Outside the UK marine area, an MEO may exercise the powers in relation to any British vessel or marine installation.