Part 8Enforcement
Chapter 1Enforcement officers
Other enforcement officers
I1241Marine licensing: Northern Ireland
1
The Department of the Environment in Northern Ireland may appoint persons for the purposes of enforcing Part 4 of this Act.
2
For the purposes of enforcing Part 4 of this Act, a person appointed under this section has—
a
the common enforcement powers conferred by this Act;
b
the power conferred by section 263.
This is subject to subsection (3).
3
A person appointed under this section does not have the powers referred to in subsection (2) for the purposes of enforcing Part 4 of this Act so far as relating to—
a
any activity in WalesF2, the Welsh inshore region or the Welsh offshore region concerning or arising from the exploration for, or production of, petroleum;
F1aa
any activity in the Welsh offshore region falling within the subject-matter of Part 6 of the Merchant Shipping Act 1995 (pollution etc);
b
anything done in the course of taking installation abandonment measures in any other part of the relevant enforcement area, other than Northern Ireland and the Northern Ireland inshore region.
4
Subject to subsection (9), the powers which a person appointed under this section has for the purposes of enforcing Part 4 of this Act may be exercised—
a
in the relevant enforcement area (and in relation to any vessel, aircraft or marine structure in that area);
b
in Scotland or the Scottish inshore region, in relation to an offence which the person reasonably believes has been committed within the relevant enforcement area;
c
in relation to any vessel, aircraft or marine structure in the Scottish offshore region which has been pursued there in accordance with subsection (5).
5
A vessel, aircraft or marine structure is pursued in accordance with this subsection if—
a
immediately before the pursuit of the vessel, aircraft or structure commences, the vessel, aircraft or structure is in the relevant enforcement area,
b
before the pursuit of the vessel, aircraft or structure commences, a signal is given for it to stop, and
c
the pursuit of the vessel, aircraft or structure 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, aircraft or structure 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 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 person appointed under this section may have under international law.
9
The powers which a person appointed under this section has for the purposes of enforcing Part 4 of this Act may not be exercised in relation to any British warship.
10
In this section—
“installation abandonment measures” means any measures taken in connection with the abandonment of—
- a
an offshore installation or submarine pipeline, within the meaning of Part 4 of the Petroleum Act 1998 (c. 17), or
- b
a carbon storage installation, within the meaning of section 30 of the Energy Act 2008 (c. 32),
whether or not the measures are taken in pursuance of an abandonment programme;
- a
“abandonment programme” means—
- a
an abandonment programme under Part 4 of the Petroleum Act 1998;
- b
an abandonment programme under that Part, as it applies by virtue of section 30 of the Energy Act 2008;
- a
“the relevant enforcement area” means the area that consists of—
- a
England and Wales and Northern Ireland, and
- b
the UK marine licensing area, excluding the Scottish offshore region.
- a
11
Any term used in this section and in Part 4 of this Act has the same meaning in this section as it has in that Part.