OpenLegislation

Section 97 Offences relating to safety zonesI1C1

(1)

Where a vessel enters or remains in a safety zone in contravention of section 96(1), the vessel’s owner and her master are each guilty of an offence.

(2)

Where—

(a)

a vessel enters or remains in a safety zone with a permission granted for the purposes of section 96, and

(b)

there is a contravention of a condition of that permission in relation to the vessel or individuals on the vessel,

the vessel’s owner and her master are each guilty of an offence.

(3)

A person who carries on an activity wholly or partly in a safety zone in contravention of section 96(2) is guilty of an offence.

(4)

Where—

(a)

a person carries on an activity wholly or partly in a safety zone with a permission granted for the purposes of section 96, and

(b)

there is a contravention of a condition of that permission in relation to the carrying on of that activity,

that person is guilty of an offence.

(5)

A person guilty of an offence under this section shall be liable—

(a)

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

(b)

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

(6)

In proceedings against a person as the owner of a vessel for an offence under subsection (1) or (2), it is a defence for him to show that the existence of the safety zone—

(a)

was not known to the master of the vessel in question at the time of the offence; and

(b)

would not have become known to the master had he made reasonable inquiries before that time.

(7)

In any other proceedings against a person for an offence under this section, it is a defence for that person to show that the existence of the safety zone—

(a)

was not known to him at the time of the offence; and

(b)

would not have become known to him had he made reasonable inquiries before that time.

(8)

It is also a defence in proceedings against a person for an offence under this section for that person to show that he took all reasonable steps to prevent the contravention in question.

Annotations

Modifications

C1

Ss. 95-98 applied (E.W.) (22.12.2021) by The Morlais Demonstration Zone Order 2021 (S.I. 2021/1478), arts. 1, 43(3)(4) (with arts. 15, 50, Sch. 11 para. 29)

Commencement

I1

S. 97 in force at 1.10.2005 by S.I. 2005/877, art. 2(2), Sch. 2