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Part 8 U.K.Enforcement

Chapter 1U.K.Enforcement officers

Marine enforcement officersU.K.

235Marine enforcement officersU.K.

(1)In this Chapter “marine enforcement officer” means—

(a)any person appointed as such an officer by the MMO;

(b)any person appointed as such an officer by the Welsh Ministers;

(c)any person who is a commissioned officer of any of Her Majesty's ships;

(d)any person in command or charge of any aircraft or hovercraft of the Royal Navy, the Army or the Royal Air Force.

(2)The carrying out of any functions of a marine enforcement officer by a person appointed under this section by the MMO or the Welsh Ministers (a “civilian marine enforcement officer”) is subject to any limitations specified by the MMO or (as the case may be) the Welsh Ministers in relation to that person.

(3)Until the coming into force of section 1, any power conferred on the MMO by this section is exercisable by the Secretary of State.

Any reference in this Chapter to a marine enforcement officer includes a reference to any person appointed by the Secretary of State as a marine enforcement officer by virtue of this subsection.

Modifications etc. (not altering text)

Commencement Information

I1S. 235 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 17

236Enforcement of marine licensing regimeU.K.

(1)For the purposes of enforcing Part 4 of this Act, a marine enforcement officer has—

(a)the common enforcement powers conferred by this Act;

(b)the power conferred by section 263.

This is subject to subsection (2).

(2)A marine enforcement officer does not have the powers referred to in subsection (1) for the purposes of enforcing Part 4 of this Act so far as relating to—

(a)any activity in Wales[F1, the Welsh inshore region or the Welsh offshore region] concerning or arising from the exploration for, or production of, petroleum;

[F2(aa)any activity in the Welsh offshore region falling within the subject-matter of Part 6 of the Merchant Shipping Act 1995 (pollution etc);]

(b)anything done in the course of taking installation abandonment measures in any other part of the relevant enforcement area.

(3)Subject to subsection (8), the powers which a marine enforcement officer has for the purposes of enforcing Part 4 of this Act may be exercised—

(a)in the relevant enforcement area (and in relation to any vessel, aircraft or marine structure in that area);

(b)in relation to any vessel or marine structure outside the UK marine area which was loaded within the relevant enforcement area;

(c)in relation to any British vessel, British aircraft or British marine structure outside the UK marine area;

(d)in Scotland or the Scottish inshore region, in relation to an offence which the officer reasonably believes has been committed—

(i)within the relevant enforcement area, or

(ii)outside the UK marine area and in circumstances where a vessel, aircraft or marine structure referred to in paragraph (b) or (c) was involved in the commission of the offence;

(e)in relation to any vessel, aircraft or marine structure in the Scottish offshore region which has been pursued there in accordance with subsection (4).

(4)A vessel, aircraft or marine structure is pursued in accordance with this subsection if—

(a)immediately before the pursuit of the vessel, aircraft or structure commences, the vessel, aircraft or structure is in the relevant enforcement area,

(b)before the pursuit of the vessel, aircraft or structure commences, a signal is given for it to stop, and

(c)the pursuit of the vessel, aircraft or structure is not interrupted.

(5)The signal referred to in subsection (4)(b) must be given in such a way as to be audible or visible from the vessel, aircraft or structure in question.

(6)For the purposes of subsection (4)(c), pursuit is not interrupted by reason only of the fact that—

(a)the method of carrying out the pursuit, or

(b)the identity of the vessel or aircraft carrying out the pursuit,

changes during the course of the pursuit.

(7)Nothing in this section affects any right of hot pursuit which a marine enforcement officer may have under international law.

(8)The powers which a civilian marine enforcement officer has for the purposes of enforcing Part 4 of this Act may not be exercised in relation to any British warship.

(9)In this section—

(10)Any term used in this section and in Part 4 of this Act has the same meaning in this section as it has in that Part.

Textual Amendments

Commencement Information

I2S. 236 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(b)

237Enforcement of nature conservation [F3or fisheries exploitation] legislationU.K.

(1)For the purposes of enforcing the nature conservation legislation [F4or the fisheries exploitation legislation], a marine enforcement officer has the common enforcement powers conferred by this Act.

(2)In this section “the nature conservation legislation” means—

(a)sections 1 and 2 of the Conservation of Seals Act 1970 (c. 30), and any orders made under section 3 of that Act;

(b)sections 1, 5 to 7, 9, 11, 13, 14 and 14ZA of the Wildlife and Countryside Act 1981 (c. 69);

F5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6(e)the Conservation of Offshore Marine Habitats and Species Regulations 2017 (S.I. 2017/1013);]

(f)any byelaws made under section 129 or [F7132(1)] of this Act;

(g)any orders made under section 134 or [F8136(1)] of this Act;

(h)section 140 of this Act.

[F9(i)regulations 43, 45, 47, 54, 59, 60 and 122(1) and (2) of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012);

(j)any byelaws or orders made by virtue of regulation 32 or 40 of those Regulations.]

[F10(2A)In this section “the fisheries exploitation legislation” means—

(a)any byelaws made under section 129A, 129B or 132(1A) of this Act;

(b)any orders made under section 134A, 134B, 136(1A), 137A, 137C, 137E or 137G of this Act.]

(3)Subject to subsections (8) and (9), the powers which a marine enforcement officer has for the purposes of enforcing the nature conservation legislation [F11or the fisheries exploitation legislation] may be exercised—

(a)in the relevant enforcement area (and in relation to any vessel, aircraft or marine installation in that area);

(b)in relation to any British vessel or British marine installation outside the UK marine area;

(c)in Scotland or Northern Ireland, or the Scottish or Northern Ireland inshore region, in relation to an offence which the officer reasonably believes has been committed—

(i)within the relevant enforcement area, or

(ii)outside the UK marine area and in circumstances where a British vessel or British marine installation was involved in the commission of the offence;

(d)in relation to any vessel, aircraft or marine installation in the Scottish offshore region which has been pursued there in accordance with subsection (4).

(4)A vessel, aircraft or marine installation is pursued in accordance with this subsection if—

(a)immediately before the pursuit of the vessel, aircraft or installation commences, the vessel, aircraft or installation is in the relevant enforcement area,

(b)before the pursuit of the vessel, aircraft or installation commences, a signal is given for it to stop, and

(c)the pursuit of the vessel, aircraft or installation is not interrupted.

(5)The signal referred to in subsection (4)(b) must be given in such a way as to be audible or visible from the vessel, aircraft or installation in question.

(6)For the purposes of subsection (4)(c), pursuit is not interrupted by reason only of the fact that—

(a)the method of carrying out the pursuit, or

(b)the identity of the vessel or aircraft carrying out the pursuit,

changes during the course of the pursuit.

(7)Nothing in this section affects any right of hot pursuit which a marine enforcement officer may have under international law.

(8)The powers which a civilian marine enforcement officer has for the purposes of enforcing the nature conservation legislation [F12or the fisheries exploitation legislation] may not be exercised in relation to any British warship.

(9)The powers which a marine enforcement officer has for the purposes of enforcing the nature conservation legislation may not be exercised in relation to any vessel within subsection (10) unless—

(a)in the case of a third country vessel, other than a vessel falling within paragraph (b) or (c) of that subsection, the United Kingdom is entitled under international law to exercise those powers without the consent of the flag state, or

(b)the Commissioners have given authority to exercise those powers.

[F13(9A)The powers which a marine enforcement officer has for the purposes of enforcing the fisheries exploitation legislation may not be exercised in relation to a vessel falling within paragraph (b) or (c) of subsection (10) unless the Commissioners have given authority to exercise those powers.]

(10)The vessels are—

(a)a third country vessel;

(b)a warship that is being used by the government of a State other than the United Kingdom;

(c)any other vessel that is being used by such a government for any non-commercial purpose.

(11)The Commissioners may give authority under subsection (9)(b) [F14or (9A)] only if the flag state has consented to the United Kingdom exercising those powers (whether generally or in relation to the vessel in question).

(12)In giving such authority, the Commissioners must impose such conditions or limitations on the exercise of the powers as are necessary to give effect to any conditions or limitations imposed by the flag state.

(13)In this section—

[F15(14)Where the fisheries exploitation legislation consists of an order made under section 137A or 137C of this Act (orders relating to Scottish offshore region), this section applies as if—

(a)references to a marine enforcement officer included a person appointed as such by the Scottish Ministers,

(b)for the purposes of subsection (3)(a), the relevant enforcement area were Scotland, the Scottish inshore region and the Scottish offshore region, and

(c)subsections (3)(c) and (d) and (4) to (6) were omitted.

(15)Where the fisheries exploitation legislation consists of an order made under section 137E or 137G of this Act (orders relating to Northern Ireland offshore region), this section applies as if—

(a)references to a marine enforcement officer included a person appointed as such by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland,

(b)for the purposes of subsection (3)(a), the relevant enforcement area were Northern Ireland, the Northern Ireland inshore region and the Northern Ireland offshore region, and

(c)subsections (3)(c) and (d) and (4) to (6) were omitted.]

Textual Amendments

F3Words in s. 237 heading inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 29(2) (with Sch. 4 para. 31)

F4Words in s. 237(1) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 29(3) (with Sch. 4 para. 31)

F7Word in s. 237(2)(f) substituted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 29(4)(a) (with Sch. 4 para. 31)

F8Word in s. 237(2)(g) substituted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 29(4)(b) (with Sch. 4 para. 31)

F11Words in s. 237(3) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 29(6) (with Sch. 4 para. 31)

F12Words in s. 237(8) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 29(7) (with Sch. 4 para. 31)

F14Words in s. 237(11) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 29(9) (with Sch. 4 para. 31)

F15S. 237(14)(15) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 29(10) (with Sch. 4 para. 31)

Commencement Information

I3S. 237 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 18

238Enforcement of fisheries legislationU.K.

(1)For the purposes of enforcing the fisheries legislation, a marine enforcement officer has—

(a)the common enforcement powers conferred by this Act;

(b)the powers conferred by sections 264, 268, 269, 279 and 284.

(2)In this section “the fisheries legislation” means—

(a)any enactments relating to sea fishing, including any enactment relating to fishing for shellfish, salmon or migratory trout (but see subsection (3));

(b)any [F16[F17assimilated] restriction or [F17assimilated] obligation] relating to sea fishing.

(3)The fisheries legislation” does not include—

(a)the Salmon and Freshwater Fisheries Act 1975 (c. 51);

(b)the Salmon Act 1986 (c. 62);

(c)byelaws made by the Environment Agency under Schedule 25 to the Water Resources Act 1991 (c. 57);

[F18(ca)byelaws made by the Natural Resources Body for Wales under Schedule 25 to the Water Resources Act 1991;]

(d)the Scotland Act 1998 (Border Rivers) Order 1999 (S.I. 1999/1746);

[F19(da)any byelaws made under section 129A, 129B or 132(1A);

(db)any orders made under section 134A, 134B, 136(1A), 137A, 137C, 137E or 137G;]

(e)byelaws made by an inshore fisheries and conservation authority under section 155.

(4)Subject to subsection (9), the powers which a marine enforcement officer has for the purposes of enforcing the fisheries legislation may be exercised—

(a)in the relevant enforcement area (and in relation to any vessel, aircraft or marine installation in that area);

(b)in relation to any vessel, vehicle, aircraft or marine installation in any other area within the United Kingdom or the UK marine area which has been pursued there in accordance with subsection (5);

(c)in relation to any relevant British fishing boat in the Scottish zone or the Northern Ireland zone;

(d)in relation to any British vessel or British marine installation outside British fishery limits, other than a Scottish or Northern Ireland fishing boat.

(5)A vessel, vehicle, aircraft or marine installation is pursued in accordance with this subsection if—

(a)immediately before the pursuit of the vessel, vehicle, aircraft or installation commences—

(i)the vessel, vehicle, aircraft or installation is in the relevant enforcement area, or

(ii)in the case of a vessel, aircraft or marine installation operating together with one or more other vessels, aircraft or marine installations to carry out a single activity, any of those vessels, aircraft or installations is in that area,

(b)before the pursuit of the vessel, vehicle, aircraft or installation commences, a signal is given for it to stop, and

(c)the pursuit of the vessel, vehicle, aircraft or installation is not interrupted.

(6)The signal referred to in subsection (5)(b) must be given in such a way as to be audible or visible from the vessel, vehicle, aircraft or installation in question.

(7)For the purposes of subsection (5)(c), pursuit is not interrupted by reason only of the fact that—

(a)the method of carrying out the pursuit, or

(b)the identity of the vessel, vehicle or aircraft carrying out the pursuit,

changes during the course of the pursuit.

(8)Nothing in this section affects any right of hot pursuit which a marine enforcement officer may have under international law.

(9)The powers which a civilian marine enforcement officer has for the purposes of enforcing the fisheries legislation may not be exercised in relation to any British warship.

(10)In this section—

Textual Amendments

F19S. 238(3)(da)(db) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 30 (with Sch. 4 para. 31)

Modifications etc. (not altering text)

Commencement Information

I4S. 238 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 18

239Marine enforcement officers as British sea-fishery officersU.K.

(1)Section 7 of the Sea Fisheries Act 1968 (c. 77) (sea-fishery officers) is amended as follows.

(2)In subsection (1)—

(a)after paragraph (c) insert—

(ca)persons appointed as marine enforcement officers under section 235 of the Marine and Coastal Access Act 2009;;

(b)in paragraph (d), omit “of the Secretary of State or”.

(3)After subsection (1) insert—

(1A)A person falling within paragraph (b), (c) or (ca) of subsection (1) above may not exercise the powers or perform the duties of a British sea-fishery officer in any case where the person may, in the person's capacity as a marine enforcement officer, exercise the common enforcement powers conferred by the Marine and Coastal Access Act 2009 (see Chapter 1 of Part 8 of that Act).

(4)In subsection (5) (definition of “the appropriate Minister”), omit paragraph (a).

Commencement Information

I5S. 239 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 18

Other enforcement officersU.K.

240Marine licensing: oil and gas and other reserved mattersU.K.

(1)The Secretary of State may appoint persons for the purposes of enforcing Part 4 of this Act, so far as relating to—

(a)any activity in the Scottish offshore region falling within section 113(3) (activities relating to certain reserved matters);

(b)any activity in Wales[F23, the Welsh inshore region or the Welsh offshore region] concerning or arising from the exploration for, or production of, petroleum;

[F24(ba)any activity in the Welsh offshore region falling within the subject-matter of Part 6 of the Merchant Shipping Act 1995 (pollution etc);]

(c)anything done in the course of taking installation abandonment measures in any other part of the relevant enforcement area.

(2)For the purposes referred to in subsection (1), a person appointed under this section has—

(a)the common enforcement powers conferred by this Act;

(b)the power conferred by section 263.

(3)Subject to subsection (4), the powers which a person appointed under this section has for the purposes referred to in subsection (1) may be exercised—

(a)in the relevant enforcement area (and in relation to any vessel, aircraft or marine structure in that area);

(b)in relation to any vessel or marine structure outside the UK marine area which was loaded within the relevant enforcement area;

(c)in relation to any British vessel, British aircraft or British marine structure outside the UK marine area;

(d)in Scotland or Northern Ireland, or the Scottish or Northern Ireland inshore region, in relation to an offence which the person reasonably believes has been committed—

(i)within the relevant enforcement area, or

(ii)outside the UK marine area and in circumstances where a vessel, aircraft or marine structure referred to in paragraph (b) or (c) was involved in the commission of the offence.

(4)The powers which a person appointed under this section has for the purposes referred to in subsection (1) may not be exercised in relation to any British warship.

(5)Nothing in this section affects any right of hot pursuit which a person appointed under this section may have under international law.

(6)In this section—

(7)Any term used in this section and in Part 4 of this Act has the same meaning in this section as it has in that Part.

Textual Amendments

Commencement Information

I6S. 240 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(b)

241Marine licensing: Northern IrelandU.K.

(1)The Department of the Environment in Northern Ireland may appoint persons for the purposes of enforcing Part 4 of this Act.

(2)For the purposes of enforcing Part 4 of this Act, a person appointed under this section has—

(a)the common enforcement powers conferred by this Act;

(b)the power conferred by section 263.

This is subject to subsection (3).

(3)A person appointed under this section does not have the powers referred to in subsection (2) for the purposes of enforcing Part 4 of this Act so far as relating to—

(a)any activity in Wales[F25, the Welsh inshore region or the Welsh offshore region] concerning or arising from the exploration for, or production of, petroleum;

[F26(aa)any activity in the Welsh offshore region falling within the subject-matter of Part 6 of the Merchant Shipping Act 1995 (pollution etc);]

(b)anything done in the course of taking installation abandonment measures in any other part of the relevant enforcement area, other than Northern Ireland and the Northern Ireland inshore region.

(4)Subject to subsection (9), the powers which a person appointed under this section has for the purposes of enforcing Part 4 of this Act may be exercised—

(a)in the relevant enforcement area (and in relation to any vessel, aircraft or marine structure in that area);

(b)in Scotland or the Scottish inshore region, in relation to an offence which the person reasonably believes has been committed within the relevant enforcement area;

(c)in relation to any vessel, aircraft or marine structure in the Scottish offshore region which has been pursued there in accordance with subsection (5).

(5)A vessel, aircraft or marine structure is pursued in accordance with this subsection if—

(a)immediately before the pursuit of the vessel, aircraft or structure commences, the vessel, aircraft or structure is in the relevant enforcement area,

(b)before the pursuit of the vessel, aircraft or structure commences, a signal is given for it to stop, and

(c)the pursuit of the vessel, aircraft or structure is not interrupted.

(6)The signal referred to in subsection (5)(b) must be given in such a way as to be audible or visible from the vessel, aircraft or structure in question.

(7)For the purposes of subsection (5)(c), pursuit is not interrupted by reason only of the fact that—

(a)the method of carrying out the pursuit, or

(b)the identity of the vessel or aircraft carrying out the pursuit,

changes during the course of the pursuit.

(8)Nothing in this section affects any right of hot pursuit which a person appointed under this section may have under international law.

(9)The powers which a person appointed under this section has for the purposes of enforcing Part 4 of this Act may not be exercised in relation to any British warship.

(10)In this section—

(11)Any term used in this section and in Part 4 of this Act has the same meaning in this section as it has in that Part.

Textual Amendments

F25Words in s. 241(3)(a) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 46(5)(a), 71(4) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(j)

F26S. 241(3)(aa) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 46(5)(b), 71(4) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(j)

Commencement Information

I7S. 241 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(b)

242Marine licensing: enforcement in Scottish offshore regionU.K.

(1)The Scottish Ministers may appoint persons for the purposes of enforcing Part 4 of this Act, except so far as relating to any activity falling within section 113(3) (activities relating to certain reserved matters).

(2)For the purposes referred to in subsection (1), a person appointed under this section has—

(a)the common enforcement powers conferred by this Act;

(b)the power conferred by section 263.

(3)Subject to subsection (8), the powers which a person appointed under this section has for the purposes referred to in subsection (1) may be exercised—

(a)in the Scottish offshore region (and in relation to any vessel, aircraft or marine structure in that region);

(b)in any area within the United Kingdom or the UK inshore region, in relation to an offence which the person reasonably believes has been committed within the Scottish offshore region;

(c)in relation to any vessel, aircraft or marine structure in any other area within the UK marine area which has been pursued there in accordance with subsection (4).

(4)A vessel, aircraft or marine structure is pursued in accordance with this subsection if—

(a)immediately before the pursuit of the vessel, aircraft or structure commences, the vessel, aircraft or structure is in the Scottish offshore region,

(b)before the pursuit of the vessel, aircraft or structure commences, a signal is given for it to stop, and

(c)the pursuit of the vessel, aircraft or structure is not interrupted.

(5)The signal referred to in subsection (4)(b) must be given in such a way as to be audible or visible from the vessel, aircraft or structure in question.

(6)For the purposes of subsection (4)(c), pursuit is not interrupted by reason only of the fact that—

(a)the method of carrying out the pursuit, or

(b)the identity of the vessel or aircraft carrying out the pursuit,

changes during the course of the pursuit.

(7)Nothing in this section affects any right of hot pursuit which a person appointed under this section may have under international law.

(8)The powers which a person appointed under this section has for the purposes referred to in subsection (1) may not be exercised in relation to any British warship.

(9)In this section “UK inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to the United Kingdom.

(10)Any term used in this section and in Part 4 of this Act has the same meaning in this section as it has in that Part.

Commencement Information

I8S. 242 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(b)

243Enforcement of MCZs in Scottish offshore regionU.K.

(1)The Scottish Ministers may appoint persons for the purposes of enforcing section 140 of this Act.

(2)For the purposes of enforcing section 140 of this Act, a person appointed under this section has the common enforcement powers conferred by this Act.

(3)Subject to subsections (8) and (9), the powers which a person appointed under this section has for the purposes of enforcing section 140 of this Act may be exercised—

(a)in the Scottish offshore region (and in relation to any vessel, aircraft or marine installation in that region);

(b)in any area within the United Kingdom or the UK inshore region, in relation to an offence which the person reasonably believes has been committed within the Scottish offshore region;

(c)in relation to any vessel, aircraft or marine installation in any other area within the UK marine area which has been pursued there in accordance with subsection (4).

(4)A vessel, aircraft or marine installation is pursued in accordance with this subsection if—

(a)immediately before the pursuit of the vessel, aircraft or installation commences, the vessel, aircraft or installation is in the Scottish offshore region,

(b)before the pursuit of the vessel, aircraft or installation commences, a signal is given for it to stop, and

(c)the pursuit of the vessel, aircraft or installation is not interrupted.

(5)The signal referred to in subsection (4)(b) must be given in such a way as to be audible or visible from the vessel, aircraft or installation in question.

(6)For the purposes of subsection (4)(c), pursuit is not interrupted by reason only of the fact that—

(a)the method of carrying out the pursuit, or

(b)the identity of the vessel or aircraft carrying out the pursuit,

changes during the course of the pursuit.

(7)Nothing in this section affects any right of hot pursuit which a person appointed under this section may have under international law.

(8)The powers which a person appointed under this section has for the purposes of enforcing section 140 of this Act may not be exercised in relation to any British warship.

(9)The powers which a person appointed under this section has for the purposes of enforcing section 140 of this Act may not be exercised in relation to any vessel within subsection (10) unless—

(a)in the case of a third country vessel, other than a vessel falling within paragraph (b) or (c) of that subsection, the United Kingdom is entitled under international law to exercise those powers without the consent of the flag state, or

(b)the Commissioners have given authority to exercise those powers.

(10)The vessels are—

(a)a third country vessel;

(b)a warship that is being used by the government of a State other than the United Kingdom;

(c)any other vessel that is being used by such a government for any non-commercial purpose.

(11)The Commissioners may give authority under subsection (9)(b) only if the flag state has consented to the United Kingdom exercising those powers (whether generally or in relation to the vessel in question).

(12)In giving such authority, the Commissioners must impose such conditions or limitations on the exercise of the powers as are necessary to give effect to any conditions or limitations imposed by the flag state.

(13)In this section “UK inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to the United Kingdom.

Commencement Information

I9S. 243 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 19

InterpretationU.K.

244Interpretation of this ChapterU.K.

(1)In this Chapter—

(2)In this Chapter, except where otherwise provided, any reference to a vessel includes a reference to—

(a)any ship or boat or any other description of vessel used in navigation, and

(b)any hovercraft, submersible craft or other floating craft,

but does not include a reference to anything that permanently rests on, or is permanently attached to, the sea bed.

Textual Amendments

Commencement Information

I10S. 244 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 20