General Powers and Duties
Section 24: Research
106.This section gives the MMO powers to undertake research on matters relevant to its functions or its general objective, either by itself or in association with others, and to commission or support others to undertake such research. The MMO must make the results of this research available on request, unless it is the kind of information that could be withheld under the Freedom of Information Act 2000, the Environmental Information Regulations 2004 or any other legislation.
Section 25: Advice, assistance and training facilities
107.This section specifies the MMO’s duties and powers to provide advice and assistance, and the use of training facilities, to the Secretary of State, public bodies and any other person.
Section 26: Provision of information etc
108.This section enables the MMO to publish documents and provide information about anything relating to its general objective or any of its functions.
Section 27: Power to charge for services
109.This section enables the MMO to make a reasonable charge for any services it provides (on a cost-recovery basis). Subsection (2) makes specific provision for the MMO to charge fees in respect of functions it might exercise on behalf of the Welsh Ministers or a Northern Ireland department. Examples of other types of service for which the MMO may charge are set out in subsection (3).
Section 28: Provision of information by the MMO to the Secretary of State
110.The MMO will be accountable to the Secretary of State, who will from time to time require, in writing, information from the MMO relating to the performance of its functions. This includes information which the MMO may reasonably be required to obtain from others. Subsection (1) of this section places the MMO under an obligation to provide the Secretary of State with this information.
Section 29: Power to bring proceedings
111.The MMO will have responsibilities for enforcement in the marine area, including bringing prosecutions where appropriate. This section makes provision with respect to the powers of the MMO to pursue criminal proceedings and proceedings for the recovery of monetary penalties imposed under this Act.
112.This section also allows the MMO to designate non-legally qualified staff to conduct certain types of litigation in magistrates’ courts and to exercise certain rights of audience in magistrates’ court proceedings.
Section 30: Continuation of certain existing prosecutions
113.This section allows the MMO to continue prosecutions that have already been started by the Secretary of State (including prosecutions started by the Marine and Fisheries Agency) where those prosecutions are for offences related to functions transferred to the MMO or are for offences under fisheries legislation.
Section 31: Incidental powers
114.This section allows the MMO to take action which will help it to exercise its functions and meet its general objective. The section sets out some of the particular activities that the MMO may need to undertake such as borrowing money, holding property, and investing money.
