Section 151 Duty to provide evidence of authority where a person is presentC3I1C1C2C4
Scotland
Where one or more persons are present at the time a marine enforcement officer intends to exercise a power conferred by this Part, the officer may exercise the power only after complying with subsection (2) or, as the case may be, (3).
Where one person is present at that time, the officer must produce to the person evidence that the officer is authorised to exercise the power.
Where more than one person is present at that time, the officer must produce such evidence to the person who appears to the officer to have the greatest interest of those present in the exercise of the power, and is not required to produce it to any other person present.
Annotations
Modifications
- C1
Ss. 151-155 applied (31.12.2010) by The Marine (Scotland) Act 2010 (Consequential Provisions) Order 2010 (S.I. 2010/2870), arts. 1, 9
- C2
Ss. 151-155 modified (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 7(3), 66(2) (with s. 65); S.S.I. 2013/249, art. 2
- C3
Pt. 7 modified (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 35(6), 66(2) (with s. 65); S.S.I. 2013/249, art. 2
- C4
Ss. 151-155 modified (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 35(7), 66(2) (with s. 65); S.S.I. 2013/249, art. 2
Commencement
- I1
S. 151 in force at 1.7.2010 by S.S.I. 2010/230, art. 2(f)