No versions valid at: 12/11/2009
Point in time view as at 12/11/2009. This version of this provision is not valid for this point in time.
Marine and Coastal Access Act 2009, Section 264 is up to date with all changes known to be in force on or before 06 March 2025. 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.
Valid from 12/01/2010
(1)For the purposes of carrying out any relevant functions, an enforcement officer who has the power conferred by this section may inspect any object in the sea which the officer believes has been or is being used for or in connection with fishing.
The officer may lift an object out of the sea for the purposes of inspecting it under this section.
(2)An enforcement officer who has inspected an object under this section may seize the object.
(3)The power conferred by subsection (2) may only be exercised—
(a)for the purposes of determining whether a relevant offence has been committed, or
(b)in relation to an object which an enforcement officer reasonably believes to be evidence of the commission of a relevant offence.
(4)If, having inspected an object under this section, the officer decides not to seize it under subsection (2), the officer must, if it is reasonably practicable to do so, replace the object in the location where it was found.
(5)If it is not reasonably practicable to replace the object in accordance with subsection (4), the officer may seize the object until such time as it may be collected by its owner.
(6)Any power conferred by this section to seize an object includes power to seize—
(a)anything that is attached to the object;
(b)anything that is contained within the object.
(7)Any reference in this section to replacing an object includes, in the case of fishing gear, a reference to re-setting the gear in the same way in which it was placed in the sea.
(8)The powers conferred on an enforcement officer by this section are without prejudice to any powers exercisable by the officer apart from this section.
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