Modifications etc. (not altering text)

C1Act: power to transfer functions conferred (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Fisheries for shellfishE+W+S

[F14DSections 4A to [F24CA]: supplementaryE+W+S

(1)A British sea-fishery officer, or a person assisting such an officer by virtue of section 4A(2) or [F3, 4B(3) or (12) or 4CA(2)(b)], is not liable in any civil or criminal proceedings for anything done in the purported exercise of a power conferred by section 4A, 4B [F4, 4C or 4CA ] if the court is satisfied—

(a)that the act was done in good faith;

(b)that there were reasonable grounds for doing it; and

(c)that it was done with reasonable skill and care.

(2)A person who—

(a)fails without reasonable excuse to comply with any requirement imposed on the person by a British sea-fishery officer under a power conferred by section 4A [F5, 4B or 4CA ];

(b)without reasonable excuse prevents, or attempts to prevent, any other person from complying with such a requirement; or

(c)obstructs such an officer in the exercise of any of those powers or the powers conferred by section 4C,

shall be guilty of an offence.

[F6(2A)A constable may arrest without warrant any person who the constable reasonably believes is committing or has committed an offence under subsection (2) relating to—

(a)a failure to comply with a requirement imposed under a power conferred by section 4CA,

(b)obstructing a British sea-fishery officer in the exercise of such a power.

(2B)Subsection (2A) above is without prejudice to any power of arrest conferred by law apart from that subsection.]

(3)A person who commits an offence under subsection (2) is liable—

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

(b)on conviction on indictment, to a fine.]

Textual Amendments

F5Words in s. 4D(2)(a) substituted (S.) (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 57(3)(b), 66(2) (with s. 65); S.S.I. 2013/249, art. 2