Whaling Industry (Regulation) Act 1934

8 Powers of whale fishery inspectors. U.K.

(1) For the purpose of enforcing the provisions of this Act, a whale fishery inspector, on producing on demand evidence of the fact that he is such an inspector,—

(a) may board or enter any ship or factory which he has reason to believe is used for taking or for treating whales, and inspect the ship or factory and its plant and equipment; and

(b) may, in the case of such a ship as aforesaid, require the master and crew, or any of them, or in the case of such a factory as aforesaid, require the occupier or manager thereof and the employees therein or any of them, to produce all such licences, records and other documents as the inspector considers it necessary to inspect, and to answer all such inquiries as he considers it necessary to make; and

(c) may take copies of, or extracts from, any documents produced to him.

(2) Any whale fishery inspector specially authorised in writing in that behalf by the Board of Trade may go on board any British ship to which this Act applies which is used for treating whales, and shall, during such period as may be specified in his authority, be entitled to remain on board the ship, to be provided with subsistence and accommodation therein and to be present at all operations in connection with the treating of whales on board the ship.

A whale fishery inspector shall, in respect of each day during which he is provided in pursuance of this subsection with subsistence and accommodation on board a ship, pay to the master of the ship such sum as may be prescribed by regulations made by the licensing authority with the approval of the Treasury.

(3) Every person who [F1 without reasonable excuse] refuses to produce to a whale fishery inspector any document which he is required under this section to produce, or [F1 without reasonable excuse] refuses to answer, or answers falsely, any inquiry duly made of him by such an inspector, or otherwise [F2 wilfully obstructs], or [F1 without reasonable excuse] refuses facilities to, such an inspector in the discharge of his functions under this section, shall be liable [F3 on summary conviction, or on conviction on indictment, to a fine].

(4) In this section the expression “whale fishery inspector” means—

(a) any person appointed by, or under the authority of, the Board of Trade to be such an inspector;

(b) any commissioned officer of any of His Majesty’s ships on full pay.

Textual Amendments

F1 Words inserted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 35(6)(a)

F2 Words substituted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 35(6)(a)

F3 Words in s. 8(3) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 2(6) (with reg. 5(1))