C3Part 7Common enforcement powers etc.: licensing and marine protection etc.
Offences in relation to marine enforcement officers
I1C1C2C3C4155C3Offences in relation to marine enforcement officers
1
A person commits an offence if the person—
a
fails without reasonable excuse to comply with a requirement reasonably made, or a direction reasonably given, by a marine enforcement officer in the exercise of any power conferred by the Act,
b
prevents any other person from complying with any such requirement or direction.
2
But a person does not commit an offence by reason of a failure to comply with a requirement under section 145(1) (to produce a licence or other authority for the carrying on of a relevant activity) if the person complies with section 145(2) (production of licence or other authority at a place and within a period specified by the marine enforcement officer).
3
A person who provides information in pursuance of a requirement reasonably made by a marine enforcement officer in the exercise of the power conferred by section 150 (requiring information relating to certain substances or objects) commits an offence if—
a
the information is false in a material particular and the person—
i
knows that it is,
ii
is reckless as to whether it is,
b
the person intentionally fails to disclose any material particular.
4
A person who intentionally obstructs a marine enforcement officer in the performance of any of the officer's functions under this Act commits an offence.
5
A person who assaults a marine enforcement officer in the performance of any of the officer's functions under this Act commits an offence.
6
A person who, with intent to deceive, falsely pretends to be a marine enforcement officer commits an offence.
7
A person who is guilty of an offence under subsection (1), (3) or (6) is liable—
a
on summary conviction, to a fine not exceeding the statutory maximum,
b
on conviction on indictment, to a fine.
8
A person who is guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding £20,000.
9
A person who is guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding £50,000.
10
In this section, any reference to a marine enforcement officer includes a reference to a person assisting a marine enforcement officer by virtue of section 148.
Pt. 7 modified (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 35(6), 66(2) (with s. 65); S.S.I. 2013/249, art. 2