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Paragraph 3 C1C2

(1)

In order to perform functions under Part I or II or this Act an officer may require any person—

(a)

to give details of any substances or articles on board a vessel, aircraft, hovercraft or marine structure; and

(b)

to give information concerning any substances or articles lost from a vessel, aircraft, hovercraft or marine structure.

(2)

In order to perform any such functions an officer—

(a)

may require any vessel, aircraft, hovercraft or marine structure to stop; and

(b)

may require the attendance—

(i)

of the master, captain or commander of a vessel, aircraft or hovercraft;

(ii)

of the person in charge of a marine structure; and

(iii)

of any other person who is on board a vessel, aircraft, hovercraft or marine structure,

and may require any person on board to assist him in the performance of his functions.

(3)

In order to perform functions under Part I F1or II of this Act an officer—

(a)

may require—

(i)

the master, captain or commander of a vessel, aircraft or hovercraft; and

(ii)

the person in charge of a marine structure,

to take it and its crew to the port which appears to the officer to be the nearest convenient port; or

(b)

may take it there himself.

(4)

In order to perform any such functions an officer may detain a vessel, aircraft, hovercraft or marine structure.

(5)

If an officer detains a vessel, aircraft, hovercraft or marine structure, he shall serve on the master, captain, commander or person in charge a notice in writing stating that it is to be detained until the notice is withdrawn by the service on him of a further notice in writing signed by an officer.

Annotations

Textual amendments

F1

Words inserted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 146(8)

Modifications

C1

Sch. 2 para. 3 extended (with modifications) (22.8.1997) by S.I. 1997/1770, art. 5

C2

Sch. 2 para. 3 extended (with modifications) (22.8.1997) by S.I. 1997/1771, art. 4

Notes on Schedule 2

Modifications

C1

Sch. 2 applied (E.W.) (with modifications) (1.2.2000) by S.I. 1999/3483, reg. 4(6) Sch. 2 applied (1.2.2000) by S.S.I. 2000/22, art. 4(5)

C2

Sch. 2 applied (with modifications) (S.) (22.12.2005) by Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2005 (S.S.I. 2005/599), regs. 1(1), 3(6)

C3

Sch. 2 applied (with modifications) (E.W.) (22.12.2005) by Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 2005 (S.I. 2005/3286), regs. 1(1), 3(6)

C4

Sch. 2 applied (30.6.2006) by Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations (Northern Ireland) 2006 (S.R. 2006/220), regs. 1, 3(6)

C5

Sch. 2 applied (E.W.) (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 44(4), 107(3)(b); S.I. 2006/2541, art. 2 (with Sch.)