- Latest available (Revised)
- Point in Time (24/08/2017)
- Original (As enacted)
Version Superseded: 31/12/2020
Point in time view as at 24/08/2017. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Marine and Coastal Access Act 2009, Section 238 is up to date with all changes known to be in force on or before 07 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)For the purposes of enforcing the fisheries legislation, a marine enforcement officer has—
(a)the common enforcement powers conferred by this Act;
(b)the powers conferred by sections 264, 268, 269, 279 and 284.
(2)In this section “the fisheries legislation” means—
(a)any enactments relating to sea fishing, including any enactment relating to fishing for shellfish, salmon or migratory trout (but see subsection (3));
(b)any enforceable EU restrictions and enforceable EU obligations relating to sea fishing.
(3)“The fisheries legislation” does not include—
(a)the Salmon and Freshwater Fisheries Act 1975 (c. 51);
(b)the Salmon Act 1986 (c. 62);
(c)byelaws made by the Environment Agency under Schedule 25 to the Water Resources Act 1991 (c. 57);
[F1(ca)byelaws made by the Natural Resources Body for Wales under Schedule 25 to the Water Resources Act 1991;]
(d)the Scotland Act 1998 (Border Rivers) Order 1999 (S.I. 1999/1746);
(e)byelaws made by an inshore fisheries and conservation authority under section 155.
(4)Subject to subsection (9), the powers which a marine enforcement officer has for the purposes of enforcing the fisheries legislation may be exercised—
(a)in the relevant enforcement area (and in relation to any vessel, aircraft or marine installation in that area);
(b)in relation to any vessel, vehicle, aircraft or marine installation in any other area within the United Kingdom or the UK marine area which has been pursued there in accordance with subsection (5);
(c)in relation to any relevant British fishing boat in the Scottish zone or the Northern Ireland zone;
(d)in relation to any British vessel or British marine installation outside British fishery limits, other than a Scottish or Northern Ireland fishing boat.
(5)A vessel, vehicle, aircraft or marine installation is pursued in accordance with this subsection if—
(a)immediately before the pursuit of the vessel, vehicle, aircraft or installation commences—
(i)the vessel, vehicle, aircraft or installation is in the relevant enforcement area, or
(ii)in the case of a vessel, aircraft or marine installation operating together with one or more other vessels, aircraft or marine installations to carry out a single activity, any of those vessels, aircraft or installations is in that area,
(b)before the pursuit of the vessel, vehicle, aircraft or installation commences, a signal is given for it to stop, and
(c)the pursuit of the vessel, vehicle, aircraft or installation is not interrupted.
(6)The signal referred to in subsection (5)(b) must be given in such a way as to be audible or visible from the vessel, vehicle, aircraft or installation in question.
(7)For the purposes of subsection (5)(c), pursuit is not interrupted by reason only of the fact that—
(a)the method of carrying out the pursuit, or
(b)the identity of the vessel, vehicle or aircraft carrying out the pursuit,
changes during the course of the pursuit.
(8)Nothing in this section affects any right of hot pursuit which a marine enforcement officer may have under international law.
(9)The powers which a civilian marine enforcement officer has for the purposes of enforcing the fisheries legislation may not be exercised in relation to any British warship.
(10)In this section—
“British vessel” means any vessel which—
is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 (c. 21),
is wholly owned by persons qualified to own British ships for the purposes of that Part,
is, as a Government ship, registered in the United Kingdom in pursuance of an Order in Council under section 308 of that Act, or
is a British warship;
“enforceable EU obligation” means an obligation to which section 2(1) of the European Communities Act 1972 (c. 68) applies;
“enforceable EU restriction” means a restriction to which section 2(1) of that Act applies;
“Government ship” has the same meaning as in the Merchant Shipping Act 1995 (c. 21);
“relevant British fishing boat” means a fishing boat, other than a Scottish or Northern Ireland fishing boat, which—
is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, or
is wholly owned by persons qualified to own British ships for the purposes of that Part;
“the relevant enforcement area” means the area that consists of—
England and Wales, and
the sea within British fishery limits, excluding the Scottish zone and the Northern Ireland zone.
Textual Amendments
F1S. 238(3)(ca) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 448 (with Sch. 7)
Modifications etc. (not altering text)
C1S. 238 applied (E.) (31.10.2015) by The Grants for Fishing and Aquaculture Industries Regulations 2015 (S.I. 2015/1711), regs. 1(1), 14(1)
Commencement Information
I1S. 238 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 18
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: