Aviation and Maritime Security Act 1990

19 Power of Secretary of State to require information. U.K.

(1) The Secretary of State may, by notice in writing served on any of the following persons—

(a) the owner, charterer, manager or master of—

(i) a British ship, or

(ii) any other ship which is in, or appears to the Secretary of State to be likely to enter, a harbour area,

(b) a harbour authority,

(c) any person who carries on harbour operations in a harbour area, and

(d) any person who is permitted to have access to a restricted zone of a harbour area for the purposes of the activities of a business carried on by him,

require that person to provide the Secretary of State with such information specified in the notice as the Secretary of State may require in connection with the exercise by the Secretary of State of his functions under this Part of this Act.

(2) A notice under subsection (1) above shall specify [F1 a period before the end of] which the information required by the notice in accordance with subsection (1) above is to be furnished to the Secretary of State.

(3) Any such notice may also require the person on whom it is served, after he has furnished to the Secretary of State the information required by the notice in accordance with subsection (1) above, to inform the Secretary of State if at any time the information previously furnished to the Secretary of State (including any information furnished in pursuance of a requirement imposed by virtue of this subsection) is rendered inaccurate by any change of circumstances (including the taking of any further measures for purposes to which this Part of this Act applies or the alteration or discontinuance of any measures already being taken).

(4) In so far as such a notice requires further information to be furnished to the Secretary of State in accordance with subsection (3) above, it shall require that information to be furnished to him before the end of such period F2 ... as is specified in the notice for the purposes of this subsection.

(5) Any person who—

(a) without reasonable excuse, fails to comply with a requirement imposed on him by a notice under this section, or

(b) in furnishing any information so required, makes a statement which he knows to be false in a material particular, or recklessly makes a statement which is false in a material particular,

commits an offence.

(6) A person guilty of an offence under subsection (5) above is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

(7) A notice served on a person under subsection (1) above may at any time—

(a) be revoked by a notice in writing served on him by the Secretary of State, or

(b) be varied by a further notice under subsection (1) above.

Textual Amendments

F1 Words in s. 19(2) substituted (1.10.2015) by Counter-Terrorism and Security Act 2015 (c. 6), s. 52(3)(c), Sch. 5 para. 12(2)(a); S.I. 2015/1729, reg. 2

F2 Words in s. 19(4) omitted (1.10.2015) by virtue of Counter-Terrorism and Security Act 2015 (c. 6), s. 52(3)(c), Sch. 5 para. 12(2)(b); S.I. 2015/1729, reg. 2

Modifications etc. (not altering text)

C1 S. 19 extended (with modifications) (Jersey) (1.1.1997) by S.I. 1996/2881, art. 2, Sch. Pts. I, II

C2 Ss. 9-43 extended (Jersey) (with modifications) (coming into force in accordance with art. 1(1) of the extending S.I.) by The Maritime Security (Jersey) Order 2014 (S.I. 2014/265), art. 2, Sch.