C3Part 7Common enforcement powers etc.: licensing and marine protection etc.

Annotations:
Modifications etc. (not altering text)

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.