Part 8Enforcement

Chapter 1Enforcement officers

Marine enforcement officers

I1236Enforcement of marine licensing regime

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 WalesF2, the Welsh inshore region or the Welsh offshore region concerning or arising from the exploration for, or production of, petroleum;

F1aa

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—

  • “installation abandonment measures” means any measures taken in connection with the abandonment of—

    1. a

      an offshore installation or submarine pipeline, within the meaning of Part 4 of the Petroleum Act 1998 (c. 17), or

    2. b

      a carbon storage installation, within the meaning of section 30 of the Energy Act 2008 (c. 32),

    whether or not the measures are taken in pursuance of an abandonment programme;

  • “abandonment programme” means—

    1. a

      an abandonment programme under Part 4 of the Petroleum Act 1998;

    2. b

      an abandonment programme under that Part, as it applies by virtue of section 30 of the Energy Act 2008;

  • “the relevant enforcement area” means the area that consists of—

    1. a

      England and Wales and Northern Ireland, and

    2. b

      the UK marine licensing area, excluding the Scottish offshore region.

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.