Section 16 Enforcement of orders under ss. 1 and 2.

England, Wales and Scotland

(1)

With a view to enforcing any order under section 1 of this Act, and with a view to enforcing section 2 thereof, any of the following officers, that is to say—

(a)

any officer authorised by the appropriate Minister,

F1(aa)

any British sea-fishery officer

(b)

any police officer,

(c)

any officer of a market authority, acting within the limits of any market which that authority has power to regulate,

F2(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(e)

any officer authorised by the Fishmongers’ Company and acting within the City of London,

may, at all reasonable times, go on board any fishing boat or enter any premises used for carrying on any business in connection with the treatment, storage or sale of sea fish, may search for and examine any sea fish in any place, whether on board a fishing boat or elsewhere, and whether in a receptacle or not, and may seize any sea fish which have been landed, sold or exposed or offered for sale by any person in contravention of the said section 1, or which any person has in his possession in contravention of the said section 1 or 2, as the case may be.

C1(F31A)

Any person who assaults an officer who is exercising any of the powers conferred on him by subsection (1) above shall be guilty of an offence and liable on summary conviction to F4a fine.

(1B)

Any person who wilfully obstructs an officer in the exercise of any of the powers conferred on him by subsection (1) above shall be guilty of an offence and liable on summary conviction to F5a fine.

F6(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(3)

An officer shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by this section if the court is satisfied that the act was done in good faith and there were reasonable grounds for doing it.

Annotations

Textual amendments

F1: S. 16(1)(aa) inserted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 25(3)
F2: S. 16(1)(d) repealed (E.W.) (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12); S.I. 2011/556, art. 2(2)(o) (with art. 2(3)); and repeal extended (S.) (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 158, 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a)
F3: S. 16(1A)(1B) substituted for s. 16(1A) (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 199(4), 324(3); S.I. 2009/3345, art. 2, Sch. para. 8; and amendment extended (S.) (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 158, 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a)
F4: Words in s. 16(1A) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 4(4)(a) (with reg. 5(1))
F5: Words in s. 16(1B) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 4(4)(b) (with reg. 5(1))
F6: S. 16(2) repealed (E.W.) (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12); S.I. 2011/556, art. 2(2)(o) (with art. 2(3)); and repeal extended (S.) (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 158, 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a)
F7: S. 16(3) inserted by Fisheries Act 1981 (c. 29, SIF 52:1), s.25(5)

Modifications

C1: S. 16(1A) amended (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 17(3), Sch. 4 Pt. III; S.I. 1992/333, art. 2(2), Sch.2.