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Part XU.K. Enforcement Officers and Powers

Inspection etc powersU.K.

257 Powers to require production of ships documents.U.K.

(1)The powers conferred by this section are conferred in relation to United Kingdom ships and are available to any of the following officers, namely—

(a)any Departmental officer,

(b)any commissioned naval officer,

(c)any British consular officer,

(d)the Registrar General of Shipping and Seamen or any person discharging his functions,

(e)any chief officer of customs and excise,

(f)any superintendent,

whenever the officer has reason to suspect that this Act or any law for the time being in force relating to merchant seamen or navigation is not complied with.

(2)Those powers are—

(a)to require the owner, master, or any of the crew to produce any official log-books or other documents relating to the crew or any member of the crew in their possession or control;

(b)to require the master to produce a list of all persons on board his ship, and take copies of or extracts from the official log-books or other such documents;

(c)to muster the crew; and

(d)to require the master to appear and give any explanation concerning the ship or her crew or the official log-books or documents produced or required to be produced.

(3)If any person, on being duly required by an officer under this section to produce a log-book or any document, fails without reasonable excuse to produce the log-book or document, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)If any person, on being duly required by any officer under this section—

(a)to produce a log-book or document, refuses to allow the log-book or document to be inspected or copied;

(b)to muster the crew, impedes the muster; or

(c)to give any explanation, refuses or neglects to give the explanation or knowingly misleads or deceives the officer;

he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

258 Powers to inspect ships and their equipment, etc.U.K.

(1)[F1For the purposes of seeing that the provisions of this Act other than sections 131 to 141 and sections 143 to 151 and the provisions of regulations and rules made under this Act (other than those sections) are complied with or] that the terms of any approval, licence, consent, direction or exemption given by virtue of such regulations are duly complied with, the following persons, namely—

(a)a surveyor of ships,

(b)a superintendent,

(c)any person appointed by the Secretary of State, either generally or in a particular case, to exercise powers under this section,

may at all reasonable times go on board a ship [F2in the United Kingdom or in United Kingdom waters] and inspect the ship and its equipment or any part thereof, any articles on board and any document carried in the ship in pursuance of this Act F3. . . or in pursuance of regulations or rules under this Act F3. . ..

F4[(1A)The powers conferred by subsection (1) above are not exercisable in relation to a qualifying foreign ship while the ship is exercising—

(a)the right of innocent passage, or

(b)the right of transit passage through straits used for international navigation.]

(2)The powers conferred by subsection (1) above are, if the ship is a United Kingdom ship, also exercisable outside [F5United Kingdom waters] and may be so exercised by a proper officer as well as the persons mentioned in that subsection.

(3)A person exercising powers under this section shall not unnecessarily detain or delay a ship but may, if he considers it necessary in consequence of an accident or for any other reason, require a ship to be taken into dock for a survey of its hull or machinery.

F6(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)If any person obstructs a person in the exercise of his powers under this section, or fails to comply with a requirement made under subsection (3) above, he shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

Textual Amendments

F1Words in s. 258(1) substituted (23.3.1997) by 1997 c. 28, s. 9, Sch. 1 para. 4(2)(a); S.I. 1997/1082, art. 2, Sch.

F2Words in s. 258(1) inserted (23.3.1997) by 1997 c. 28, s. 9, Sch. 1 para. 4(2)(b); S.I. 1997/1082, art. 2, Sch.

F3Words in s. 258(1) omitted (23.3.1997) by virtue of 1997 c. 28, s. 9, Sch. 1 para. 4(2)(c); S.I. 1997/1082, art. 2, Sch. and repealed (17.7.1997) by 1997 c. 28, s. 29(2), Sch. 7 Pt. I; S.I. 1997/1539, art. 2, Sch.

F4S. 258(1A) inserted (23.3.1997) by 1997 c. 28, s. 9, Sch. 1 para. 4(3); S.I. 1997/1082, art. 2, Sch.

F5Words in s. 258(2) substituted (23.3.1997) by 1997 c. 28, s. 9, Sch. 1 para. 4(4); S.I. 1997/1082, art. 2, Sch.

Modifications etc. (not altering text)

C1Ss. 258-266 applied (with application in accordance with reg. 4 of the amending S.I.) by The Merchant Shipping and Fishing Vessels (Control of Noise at Work) Regulations 2007 (S.I. 2007/3075), regs. 1, 19

C2Ss. 258-266 applied (with application in accordance with reg. 4 of the amending S.I.) by The Merchant Shipping and Fishing Vessels (Control of Vibration at Work) Regulations 2007 (S.I. 2007/3077), regs. 1, 18

259 Powers of inspectors in relation to premises and ships.U.K.

(1)The powers conferred by this section are conferred in relation to—

(a)any premises in the United Kingdom; or

(b)any United Kingdom ship wherever it may be and any other ship which is present in the United Kingdom or in United Kingdom waters;

and are available to any Departmental inspector, or any inspector appointed under section 256(6), for the purpose of performing his functions.

(2)Such an inspector—

(a)may at any reasonable time (or, in a situation which in his opinion is or may be dangerous, at any time)—

(i)enter any premises , or

(ii)board any ship,

if he has reason to believe that it is necessary for him to do so;

(b)may, on entering any premises by virtue of paragraph (a) above or on boarding a ship by virtue of that paragraph, take with him any other person authorised for the purpose by the Secretary of State and any equipment or materials he requires;

(c)may make such examination and investigation as he considers necessary;

(d)may give a direction requiring that the premises or ship or any part of the premises or ship or any thing in the premises or ship or such a part shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purposes of any examination or investigation under paragraph (c) above;

(e)may take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under paragraph (c) above;

(f)may take samples of any articles or substances found in the premises or ship and of the atmosphere in or in the vicinity of the premises or ship;

(g)may, in the case of any article or substance which he finds in the premises or ship and which appears to him to have caused or to be likely to cause danger to health or safety, cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless that is in the circumstances necessary);

(h)may, in the case of any such article or substance as is mentioned in paragraph (g) above, take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely—

(i)to examine it and do to it anything which he has power to do under that paragraph,

(ii)to ensure that it is not tampered with before his examination of it is completed,

(iii)to ensure that it is available for use as evidence in any proceedings for an offence under this Act or any instrument made under it;

(i)may require any person who he has reasonable cause to believe is able to give any information relevant to any examination or investigation under paragraph (c) above—

(i)to attend at a place and time specified by the inspector, and

(ii)to answer (in the absence of persons other than any persons whom the inspector may allow to be present and a person nominated to be present by the person on whom the requirement is imposed) such questions as the inspector thinks fit to ask, and

(iii)to sign a declaration of the truth of his answers;

(j)may require the production of, and inspect and take copies of or of any entry in,—

(i)any books or documents which by virtue of any provision of this Act are required to be kept; and

(ii)any other books or documents which he considers it necessary for him to see for the purposes of any examination or investigation under paragraph (c) above;

(k)may require any person to afford him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as the inspector considers are necessary to enable him to exercise any of the powers conferred on him by this subsection.

(3)The powers conferred by subsection (2) above to require the production of any document and copy it include, in relation to oil record books required to be carried under section 142, power to require the master to certify the copy as a true copy.

(4)The powers conferred by subsection (2) above to inspect premises shall also be exercisable, for the purpose of Chapter II of Part VI, in relation to any apparatus used for transferring oil.

(5)The powers of entry and inspection of premises conferred by subsections (2) and (4) above for the purposes of Chapter II of Part VI shall not be exercisable by Departmental inspectors (or surveyors of ships in their capacity as Departmental inspectors) in relation to places on land in Northern Ireland and apparatus located in Northern Ireland otherwise than on board ships; but persons appointed by the Department of the Environment for Northern Ireland shall have the like powers; and those subsections shall have effect accordingly in relation to persons so appointed.

(6)The powers conferred by subsection (2)(a), (c) and (j) above shall also be exercisable, in relation to a ship in a harbour in the United Kingdom, by the harbour master or other persons appointed by the Secretary of State for the purpose, for the purpose of ascertaining the circumstances relating to an alleged discharge of oil or a mixture containing oil from the ship into the harbour.

(7)It is hereby declared that nothing in the preceding provisions of this section authorises a person unnecessarily to prevent a ship from proceeding on a voyage.

(8)The Secretary of State may by regulations make provision as to the procedure to be followed in connection with the taking of samples under subsection (2)(f) above and subsection (11) below and provision as to the way in which samples that have been so taken are to be dealt with.

(9)Where an inspector proposes to exercise the power conferred by subsection (2)(g) above in the case of an article or substance found in any premises or ship, he shall, if so requested by a person who at the time is present in and has responsibilities in relation to the premises or ship, cause anything which is to be done by virtue of that power to be done in the presence of that person unless the inspector considers that its being done in that person’s presence would be prejudicial to the safety of that person.

(10)Before exercising the power conferred by subsection (2)(g) above, an inspector shall consult such persons as appear to him appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he proposes to do under that power.

(11)Where under the power conferred by subsection (2)(h) above an inspector takes possession of any article or substance found in any premises or ship, he shall leave there, either with a responsible person or, if that is impracticable, fixed in a conspicuous position, a notice giving particulars of that article or substance sufficient to identify it and stating that he has taken possession of it under that power; and before taking possession of any such substance under that power an inspector shall, if it is practicable for him to do so, take a sample of the substance and give to a responsible person at the premises or on board the ship a portion of the sample marked in a manner sufficient to identify it.

(12)No answer given by a person in pursuance of a requirement imposed under subsection (2)(i) above shall be admissible in evidence against that person or the husband or wife of that person in any proceedings except proceedings in pursuance of subsection (1)(c) of section 260 in respect of a statement in or a declaration relating to the answer; and a person nominated as mentioned in the said subsection (2)(i) shall be entitled, on the occasion on which the questions there mentioned are asked, to make representations to the inspector on behalf of the person who nominated him.

Modifications etc. (not altering text)

C1Ss. 258-266 applied (with application in accordance with reg. 4 of the amending S.I.) by The Merchant Shipping and Fishing Vessels (Control of Noise at Work) Regulations 2007 (S.I. 2007/3075), regs. 1, 19

C2Ss. 258-266 applied (with application in accordance with reg. 4 of the amending S.I.) by The Merchant Shipping and Fishing Vessels (Control of Vibration at Work) Regulations 2007 (S.I. 2007/3077), regs. 1, 18

C25S. 259 modified (1.1.1996) by 1995 c. 22, ss. 5(6), 9(4)

C29S. 259 applied in part (with modifications) (1.12.2009) by The Merchant Shipping (Anti-Fouling Systems) Regulations 2009 (S.I. 2009/2796), regs. 1, 10(4) (with reg. 3)

C40S. 259 applied in part (with modifications) (31.12.2018) by The Merchant Shipping (Work in Fishing Convention) Regulations 2018 (S.I. 2018/1106), regs. 1(2), 28(3)(4) (with reg. 3)

260 Provisions supplementary to section 259.U.K.

(1)A person who—

(a)intentionally obstructs an inspector in the exercise of any power available to him under section 259; or

(b)without reasonable excuse, does not comply with a requirement imposed in pursuance of section 259 or prevents another person from complying with such a requirement; or

(c)without prejudice to the generality of paragraph (b) above, makes a statement or signs a declaration which he knows is false, or recklessly makes a statement or signs a declaration which is false, in purported compliance with a requirement made in pursuance of subsection (2)(i) of section 259,

shall be liable—

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

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

(2)Nothing in section 259 shall be taken to compel the production by any person of a document of which he would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the High Court or, as the case may be, on an order for the production of documents in an action in the Court of Session.

(3)A person who complies with a requirement imposed on him in pursuance of paragraph (i)(i) or (k) of subsection (2) of section 259 shall be entitled to recover from the person who imposed the requirement such sums in respect of the expenses incurred in complying with the requirement as are prescribed by regulations made by the Secretary of State.

(4)Regulations under subsection (3) above may make different provision for different circumstances.

(5)Any payments under subsection (3) above shall be made out of money provided by Parliament.

Modifications etc. (not altering text)

C1Ss. 258-266 applied (with application in accordance with reg. 4 of the amending S.I.) by The Merchant Shipping and Fishing Vessels (Control of Noise at Work) Regulations 2007 (S.I. 2007/3075), regs. 1, 19

C2Ss. 258-266 applied (with application in accordance with reg. 4 of the amending S.I.) by The Merchant Shipping and Fishing Vessels (Control of Vibration at Work) Regulations 2007 (S.I. 2007/3077), regs. 1, 18

C45S. 260 applied in part (with modifications) (31.12.2018) by The Merchant Shipping (Work in Fishing Convention) Regulations 2018 (S.I. 2018/1106), regs. 1(2), 28(3)(4) (with reg. 3)