Part VIIIMiscellaneous

Pollution at sea

147Public registers relating to deposits in the sea and incineration at sea

In Part II of the [1985 c. 48.] Food and Environment Protection Act 1985, for section 14 (registers of licences) there shall be substituted the following section—

14Duty of licensing authority to keep public registers of information

1

It shall be the duty of each licensing authority, as respects licences for which it is the licensing authority, to maintain, in accordance with regulations, a register containing prescribed particulars of or relating to—

a

applications for licences made to that authority;

b

the licences issued by that authority;

c

variations of licences effected by that authority;

d

revocations of licences effected by that authority;

e

convictions for any offences under section 9 above;

f

information obtained or furnished in pursuance of section 8(3), (4) or (5) above;

g

the occasions on which either of the Ministers has carried out any operation under section 10 above; and

h

such other matters relating to operations for which licences are needed under this Part of this Act as may be prescribed.

2

No information shall be included in any register which, in the opinion of either of the Ministers, is such that its disclosure on the register—

a

would be contrary to the interests of national security, or

b

would prejudice to an unreasonable degree some person’s commercial interests.

3

Information excluded from a register by virtue of subsection (2)(b) above shall be treated as ceasing to prejudice a person’s commercial interests at the expiry of the period of four years beginning with the date on which the Minister made his decision under that subsection; but, on the application of any person to whom it relates, the Minister shall decide whether the information should be included or continue to be excluded from the register.

4

Where information of any description is excluded from a register by virtue of subsection (2)(b) above, a statement shall be entered in the register indicating the existence of information of that description.

5

It shall be the duty of each licensing authority—

a

to secure that the register maintained by the authority under this section is available, at all reasonable times, for inspection by the public free of charge; and

b

to afford to members of the public facilities for obtaining copies of entries, on payment of reasonable charges.

6

Registers under this section may be kept in any form.

7

In this section “prescribed” means prescribed in regulations.

8

Either of the Ministers may exercise any power to make regulations under this section and any such power shall be exercisable by statutory instrument, subject to annulment in pursuance of a resolution of either House of Parliament.