Office of Public Sector Information
PART III continued
(1) Where an authorised person is of the opinion that any person has failed to comply with any general requirement of a direction given to him under section 21, 22, 23 or 24 of this Act, the authorised person may serve on that person a notice (in this Part of this Act referred to as an “enforcement notice”)—
(a) specifying those general requirements of the direction with which he has, in the opinion of the authorised person, failed to comply, and
(b) specifying, subject to section 30 of this Act, the measures that ought to be taken in order to comply with those requirements.
(2) For the purposes of this section a requirement of a direction given by the Secretary of State under section 21, 22, 23 or 24 of this Act is a “general requirement” if the provision imposing the requirement—
(a) has been included in two or more directions given to different persons (whether or not at the same time), and
(b) is framed in general terms applicable to all the persons to whom those directions are given.
(3) If an enforcement notice is served under this section on the owner, charterer or manager of a ship, then (whether or not that service is effected by virtue of section 45(8) of this Act) an authorised person may serve on the master of the ship—
(a) a copy of the enforcement notice and of the direction to which it relates, and
(b) a notice stating that the master is required to comply with the enforcement notice,
and, if he does so, sections 31, 32 and 33 of this Act shall have effect as if the enforcement notice had been served on him as well as on the owner, charterer or manager of the ship.
(1) An enforcement notice may specify in greater detail measures which are described in general terms in those provisions of the direction to which it relates which impose general requirements, but may not impose any requirement which could not have been imposed by a direction given by the Secretary of State under the provision under which the direction was given.
(2) An enforcement notice may be framed so as to afford the person on whom it is served a choice between different ways of complying with the specified general requirements of the direction.
(3) Subject to subsection (4) below, an enforcement notice which relates to a direction given under section 21 of this Act must require the person to whom the direction was given not to cause or permit things to be done as mentioned in subsection (1)(a) or (b) or (2) of that section, as the case requires, until the specified measures have been taken.
(4) In serving an enforcement notice which relates to a direction under section 21(2) of this Act, the authorised person shall allow, and shall specify in the notice, such period as appears to him to be reasonably required for taking the measures specified in the notice; and the notice shall not take effect before the end of the period so specified.
(5) An enforcement notice which relates to a direction given under section 22, 23 or 24 of this Act must either—
(a) require the person to whom the direction was given to take the specified measures within a specified period which—
(i) where the measures consist of or include the construction, execution, alteration, demolition or removal of a building or other works, must not be less than thirty days beginning with the date of service of the notice, and
(ii) in any other case, must not be less than seven days beginning with that date; or
(b) require him not to do specified things, or cause or permit specified things to be done, until the specified measures have been taken.
(6) Subject to section 33(2) of this Act, an enforcement notice requiring a person not to cause or permit anything to be done shall be construed as requiring him to take all such steps as in any particular circumstances are practicable and necessary to prevent that thing from being done.
(1) Any person who, without reasonable excuse, fails to comply with an enforcement notice served on him is guilty of an offence and liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(2) Where a person is convicted of an offence under subsection (1) above, then, if without reasonable excuse the failure in respect of which he was convicted is continued after the conviction, he is guilty of a further offence and liable on summary conviction to a fine not exceeding one-tenth of level 5 on the standard scale for each day on which the failure continues.
(3) Any person who intentionally interferes with any building constructed or works executed on any land in compliance with an enforcement notice or with anything installed on, under, over or across any land in compliance with such a notice is guilty of an offence and liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(1) The person on whom an enforcement notice is served may serve on the Secretary of State a notice in writing of his objection to the enforcement notice, specifying the grounds of the objection.
(2) Any notice of objection under subsection (1) above must be served—
(a) where the enforcement notice specifies measures falling within section 30(5)(a)(i) of this Act, before the end of the period of thirty days beginning with the date on which the enforcement notice was served, or
(b) in any other case, before the end of the period of seven days beginning with that date.
(3) The grounds of objection to an enforcement notice are—
(a) that the general requirements of the direction which are specified in the notice for the purposes of section 29(1)(a) of this Act have been complied with,
(b) that the notice purports to impose a requirement which could not have been imposed by a direction given under the provision under which the direction to which the notice relates was given, or
(c) that any requirement of the notice—
(i) is unnecessary for complying with the general requirements specified as mentioned in paragraph (a) above and should be dispensed with, or
(ii) having regard to the terms of those general requirements, is excessively onerous or inconvenient and should be modified in a manner specified in the notice of objection under subsection (1) above.
(4) Where the person on whom an enforcement notice is served serves a notice under subsection (1) above objecting to the enforcement notice, the Secretary of State shall consider the grounds of the objection and, if so required by the objector, shall afford to him an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose, and shall then serve on the objector a notice in writing either—
(a) confirming the enforcement notice as originally served, or
(b) confirming it subject to one or more modifications specified in the notice under this subsection, or
(c) cancelling the enforcement notice.
(5) An enforcement notice to which an objection has been made under subsection (1) above—
(a) if it contains such a requirement as is mentioned in section 30(3) or (5)(b) of this Act, shall continue to have effect as originally served until it has been cancelled, or it has been confirmed subject to modification by a notice under subsection (4) above, and
(b) in any other case, shall not take effect until it has been confirmed (with or without modification) by a notice under subsection (4) above.
(1) An enforcement notice served on any person—
(a) may be revoked by a notice served on him by an authorised person, and
(b) may be varied by a further enforcement notice.
(2) Sections 25 and 26 of this Act apply to an enforcement notice as they apply to the direction to which the notice relates.
(3) The ownership of any property shall not be affected by reason only that it is placed on or under or affixed to, any land in compliance with an enforcement notice.
(4) Where an authorised person has served an enforcement notice specifying the general requirements of a direction with which the person on whom it is served has, in the opinion of the authorised person, failed to comply, the person on whom the notice is served shall not be taken, for the purposes of section 21(8), 22(7), 23(3) or 24(7) of this Act, to have failed to comply with the direction by reason of the matters specified in the notice.
(5) Subsection (4) above does not apply in relation to any proceedings commenced before the service of the enforcement notice.
(6) Where an enforcement notice has been served in relation to a direction, the fact that the notice specifies certain general requirements of the direction as those with which the person on whom the notice is served has, in the opinion of the authorised person, failed to comply shall not in any proceedings be evidence that any other requirement of the direction has been complied with.
(7) In this section “direction” means a direction under section 21, 22, 23 or 24 of this Act.
(1) In subsections (2) to (4) below references to a direction are references to a direction under section 21, 22, 23 or 24 of this Act as the direction has effect subject to any limitation imposed on its operation—
(a) by section 26 of this Act, or
(b) by any exemption or immunity of the Crown;
and any reference in those subsections to compliance with a direction is a reference to compliance with it subject to any limitation so imposed.
(2) In so far as a direction requires anything to be done or not done in the United Kingdom, the direction shall have effect notwithstanding anything contained in any contract (whether a United Kingdom contract or not) or contained in, or having effect by virtue of, any other Act or any rule of law; and accordingly no proceedings (whether civil or criminal) shall lie against any person in any United Kingdom court by reason of anything done or not done by him or on his behalf in compliance with a direction.
(3) In so far as a direction requires anything to be done or not done at a place outside the United Kingdom, the direction shall have effect notwithstanding anything contained in any contract (whether a United Kingdom contract or not); and accordingly, where a direction is inconsistent with anything in such a contract, it shall (without prejudice to any proceedings in a court other than a United Kingdom court) be construed as requiring compliance with the direction notwithstanding that compliance would be in breach of that contract.
(4) No proceedings for breach of contract shall lie against any person in a United Kingdom court by reason of anything done or not done by him or on his behalf at a place outside the United Kingdom in compliance with a direction, if the contract in question is a United Kingdom contract.
(5) Subsections (1) to (4) above have effect in relation to an enforcement notice as they have effect in relation to a direction under section 21, 22, 23 or 24 of this Act.
(6) In this section “United Kingdom court” means a court exercising jurisdiction in any part of the United Kingdom under the law of the United Kingdom or of part of the United Kingdom, and “United Kingdom contract” means a contract which is either expressed to have effect in accordance with the law of the United Kingdom or of part of the United Kingdom or (not being so expressed) is a contract the law applicable to which is the law of the United Kingdom or of part of the United Kingdom.
(1) Where an authorised person is satisfied that the owner, charterer, manager or master of a ship has failed to comply with—
(a) a direction given to him under section 21 or 24 of this Act in respect of that ship, or
(b) an enforcement notice which has been served on him in respect of that ship and which relates to such a direction,
and the authorised person certifies in writing to that effect, stating particulars of the non-compliance, the ship may be detained until the authorised person otherwise directs.
(2) Where the authorised person does not himself detain the ship, he shall deliver the certificate to the officer detaining the ship.
(3) On detaining the ship, the authorised person or other officer shall deliver to the master of the ship a copy of the certificate.
(4) Section 692 of the [1894 c. 60.] Merchant Shipping Act 1894 (enforcement of detention of ships) applies in the case of detention under this section as if it were authorised or ordered under that Act.
(1) For the purpose of enabling the Secretary of State to determine whether to give a direction to any person under any of sections 21 to 24 of this Act, or of ascertaining whether any such direction or any enforcement notice is being or has been complied with, an authorised person shall have power, on production (if required) of his credentials, to inspect—
(a) any British ship,
(b) any other ship while in a harbour area,
(c) any part of any harbour area, or
(d) any land outside a harbour area which is occupied for the purposes of a business by a person who—
(i) carries on (or appears to the authorised person to be about to carry on) harbour operations in a harbour area for the purposes of that business, or
(ii) is permitted (or appears to the authorised person to be about to be permitted) to have access to a restricted zone of a harbour area for the purposes of the activities of that business.
(2) An authorised person inspecting a ship or any part of a harbour area or any land outside a harbour area under subsection (1) above shall have power—
(a) to subject any property found by him on the ship (but not the ship itself or any apparatus or equipment installed in it) or, as the case may be, to subject that part of the harbour area or any property found by him there or on that land, to such tests,
(b) to take such steps—
(i) to ascertain what practices or procedures are being followed in relation to security, or
(ii) to test the effectiveness of any practice or procedure relating to security, or
(c) to require the owner, charterer, manager or master of the ship, the harbour authority or the occupier of the land to furnish to him such information,
as the authorised person may consider necessary for the purpose for which the inspection is carried out.
(3) Subject to subsection (4) below, an authorised person, for the purpose of exercising any power conferred on him by subsection (1) or (2) above in relation to a ship, in relation to a harbour area or in relation to any land outside a harbour area, shall have power—
(a) for the purpose of inspecting a ship, to go on board it and to take all such steps as are necessary to ensure that it is not moved, or
(b) for the purpose of inspecting any part of a harbour area, to enter any building or works in the harbour area or enter upon any land in the harbour area, or
(c) for the purpose of inspecting any land outside a harbour area, to enter upon the land and to enter any building or works on the land.
(4) The powers conferred by subsection (3) above shall not include power for an authorised person to use force for the purpose of going on board any ship, entering any building or works or entering upon any land.
(5) Any person who—
(a) without reasonable excuse, fails to comply with a requirement imposed on him under subsection (2)(c) above, or
(b) in furnishing any information so required, makes a statement which he knows to be false in a material particular, or recklessly makes a statement which is false in a material particular,
commits an offence.
(6) A person guilty of an offence under subsection (5) above is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
(1) Subject to subsection (3) below, a person commits an offence if, in answer to a question which—
(a) relates to any baggage, cargo or stores (whether belonging to him or to another) that is or are intended for carriage by sea—
(i) by a British ship, or
(ii) by any other ship to or from the United Kingdom, and
(b) is put to him for purposes to which this Part of this Act applies—
(i) by any of the persons mentioned in subsection (2) below,
(ii) by any employee or agent of such a person in his capacity as employee or agent, or
(iii) by a constable,
he makes a statement which he knows to be false in a material particular, or recklessly makes a statement which is false in a material particular.
(2) The persons referred to in subsection (1)(b) above are—
(a) a harbour authority,
(b) the owner, charterer or manager of any ship, and
(c) any person who—
(i) is permitted to have access to a restricted zone of a harbour area for the purposes of the activities of a business carried on by him, and
(ii) has control in that restricted zone over the baggage, cargo or stores to which the question relates.
(3) Subsection (1) above does not apply in relation to any statement made by an authorised person in the exercise of the power conferred by section 36(2)(b) of this Act.
(4) A person guilty of an offence under subsection (1) above is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(5) In this section—
“cargo” includes mail;
“ship” does not include a ship used in naval, customs or police service; and
“stores” means any goods intended for sale or use in a ship, including fuel and spare parts and other articles of equipment, whether or not for immediate fitting.
(1) Subject to subsection (4) below, a person commits an offence if—
(a) for the purpose of, or in connection with, an application made by him or another for the issue of an identity document to which this subsection applies, or
(b) in connection with the continued holding by him or another of any such document which has already been issued,
he makes to any of the persons specified in subsection (3) below, to any employee or agent of such a person or to a constable, a statement which he knows to be false in a material particular, or recklessly makes to any of those persons, to any such employee or agent or to a constable, a statement which is false in a material particular.
(2) Subsection (1) above applies to any identity document which is to be or has been issued by any of the persons specified in subsection (3) below in accordance with arrangements the maintenance of which is required by a direction given by the Secretary of State under section 24 of this Act.
(3) The persons referred to in subsection (1) above are—
(a) a harbour authority,
(b) the owner, charterer or manager of any ship, and
(c) any person who is permitted to have access to a restricted zone of a harbour area for the purposes of the activities of a business carried on by him.
(4) Subsection (1) above does not apply in relation to any statement made by an authorised person in the exercise of the power conferred by section 36(2)(b) of this Act.
(5) A person guilty of an offence under subsection (1) above is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(1) A person shall not—
(a) go, with or without a vehicle or vessel, onto or into any part of a restricted zone of a harbour area except with the permission of the harbour authority or a person acting on behalf of the harbour authority and in accordance with any conditions subject to which that permission is for the time being granted, or
(b) remain in any part of such a restricted zone after being requested to leave by the harbour authority or a person acting on behalf of the harbour authority.
(2) Subsection (1)(a) above does not apply unless it is proved that, at the material time, notices stating that the area concerned was a restricted zone were posted so as to be readily seen and read by persons entering the restricted zone.
(3) A person who contravenes subsection (1) above without lawful authority or reasonable excuse is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(1) A person who—
(a) intentionally obstructs an authorised person acting in the exercise of a power conferred on him by or under this Part of this Act, or
(b) falsely pretends to be an authorised person,
commits an offence.
(2) A person guilty of an offence under subsection (1)(a) above is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
(3) A person guilty of an offence under subsection (1)(b) above is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(1) The Secretary of State may by regulations made by statutory instrument make provision, for purposes to which this Part of this Act applies, in relation to persons (in this section referred to as “sea cargo agents”) who carry on a business of handling cargo which is to be delivered (whether by them or any other person) to the owner, charterer or manager of any ship for carriage by sea from any harbour area.
(2) Regulations under this section may, in particular—
(a) enable the Secretary of State to maintain a list of sea cargo agents who are approved by him for purposes related to maritime security, to include the name of a sea cargo agent on that list, on application being made to the Secretary of State in accordance with the regulations, if he is satisfied as to such matters as are specified in the regulations, and to remove the name of any person from that list in such circumstances as are so specified,
(b) provide that any provision of this Part of this Act which applies in relation to persons who are permitted to have access to a restricted zone of a harbour area for the purposes of the activities of a business (including any such provision which creates a criminal offence) shall also apply, with such modifications as are specified in the regulations, in relation to sea cargo agents included on any such list,
(c) amend sections 37(2) and 38(3) of this Act by including references to sea cargo agents included on any such list,
(d) make provision (including any such provision as is mentioned in paragraphs (a) to (c) above) relating to a class of sea cargo agents specified in the regulations and not to other sea cargo agents,
(e) make different provision for different cases, and
(f) make such incidental, supplementary or transitional provision as the Secretary of State considers necessary or expedient in consequence of any provision made by the regulations.
(3) Before making any regulations under this section the Secretary of State shall consult organisations appearing to him to represent persons affected by the proposed regulations.
(4) Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5) Without prejudice to the generality of sections 21 and 24 of this Act, the exemptions that may be included in any direction given to an owner, charterer, manager or master of a ship under section 21 or 24 which requires the carrying out of searches of cargo, or the taking of any other measures in relation to cargo, include exemptions from such requirements in relation to cargo received from any sea cargo agent included on any list maintained by the Secretary of State under regulations under this section or from any sea cargo agent falling within a class of such sea cargo agents specified in the direction.
(6) In this section—
“cargo” includes stores and mail;
“carriage by sea” does not include carriage by any ship used in naval, customs or police service; and
“stores” means any goods intended for sale or use in a ship, including fuel and spare parts and other articles of equipment, whether or not for immediate fitting.
(1) For purposes to which this Part of this Act applies, the Secretary of State may by regulations made by statutory instrument require such persons as are specified in the regulations to make a report to him, in such manner and within such period as are so specified, of any occurrence of a description so specified.
(2) Before making any regulations under this section, the Secretary of State shall consult organisations appearing to him to represent persons affected by the proposed regulations.
(3) Regulations under this section may—
(a) provide that any person who, in making a report required by the regulations, makes a statement which he knows to be false in a material particular, or recklessly makes a statement which is false in a material particular, is to be guilty of an offence and liable—
(i) on summary conviction, to a fine not exceeding the statutory maximum;
(ii) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both; and
(b) provide for persons to be guilty of an offence in such other circumstances as may be specified in the regulations and to be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4) Regulations under this section may require the reporting of occurrences taking place outside the United Kingdom only if those occurrences relate to British ships.
(5) Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) The provisions of this section have effect where, in compliance with a direction under section 24 of this Act or in compliance with an enforcement notice, the person to whom the direction was given or on whom the notice was served takes any measures consisting of the construction, execution, alteration, demolition or removal of a building or other works on land either within or outside a harbour area.
(2) If the value of any interest in that land to which a person is entitled is depreciated in consequence of the taking of those measures, or the person having such an interest suffers loss in consequence of them by being disturbed in his enjoyment of any of that land, he is entitled to compensation equal to the amount of the depreciation or loss.
(3) If any land other than the land on which the measures are taken is injuriously affected by the taking of those measures, any person having an interest in that other land who suffers loss in consequence of its being injuriously affected is entitled to compensation equal to the amount of the loss.
(4) Any compensation to which a person is entitled under this section shall be payable to him by the person by whom the measures in question were taken.
(5) The provisions of Schedule 2 to this Act have effect for the purposes of this section; and subsections (1) to (4) above have effect subject to the provisions of that Schedule.
(1) The Secretary of State shall, on or before 31st January in each year, lay before each House of Parliament a report stating the number of notices served by him under section 19 of this Act, the number of directions given by him under sections 21, 22, 23 and 24 of this Act and the number of enforcement notices served by authorised persons during the period of twelve months which expired with the preceding December.
(2) Each such report shall deal separately with notices served under section 19 of this Act, directions given under section 21 of this Act, directions given under section 22 of this Act, directions given under section 23 of this Act, directions given under section 24 of this Act and enforcement notices, and, in relation to each of those matters, shall show separately—
(a) the number of notices or directions which, during the period to which the report relates, were served on or given to persons as being, or as appearing to the Secretary of State to be about to become, owners, charterers, managers or masters of ships,
(b) the number of notices or directions which during that period were served on or given to persons as being, or as appearing to the Secretary of State to be about to become, harbour authorities,
(c) the number of notices or directions which during that period were served on or given to persons as being, or as appearing to the Secretary of State to be about to become, persons carrying on harbour operations in a harbour area, and
(d) the number of notices or directions which during that period were served on or given to persons as being, or as appearing to the Secretary of State to be about to become, persons permitted to have access to a restricted zone of a harbour area for the purposes of the activities of a business.
(3) Each such report shall also show separately the number of copies of enforcement notices which during that period were served on masters of ships under section 29(3) of this Act.
(1) This section has effect in relation to any notice, any document containing a direction and any other document authorised or required by any provision of this Part of this Act to be served on or given to any person.
(2) Any such document may be given to or served on any person—
(a) by delivering it to him, or
(b) by leaving it at his proper address, or
(c) by sending it by post to him at that address, or
(d) by sending it to him at that address by telex or other similar means which produce a document containing the text of the communication.
(3) Any such document may, in the case of a body corporate, be given to or served on the secretary, clerk or similar officer of that body.
(4) For the purposes of this section and section 7 of the [1978 c. 30.] Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of any person to whom or on whom any document is to be given or served is his usual or last known address or place of business (whether in the United Kingdom or elsewhere), except that in the case of a body corporate or its secretary, clerk or similar officer it shall be the address of the registered or principal office of that body in the United Kingdom (or, if it has no office in the United Kingdom, of its principal office, wherever it may be).
(5) In the case of a person registered under any of the United Kingdom registration provisions as the owner of any ship so registered, the address for the time being recorded in relation to him in the register in which the ship is registered shall also be treated for the purposes of this section and section 7 of the [1978 c. 30.] Interpretation Act 1978 as his proper address.
(6) If the person to or on whom any document mentioned in subsection (1) above is to be given or served has notified the Secretary of State of an address within the United Kingdom, other than an address determined under subsection (4) or (5) above, as the one at which he or someone else on his behalf will accept documents of the same description as that document, that address shall also be treated for the purposes of this section and section 7 of the Interpretation Act 1978 as his proper address.
(7) Any document mentioned in subsection (1) above shall, where there are two or more owners registered under any of the United Kingdom registration provisions, be treated as duly served on each of those owners—
(a) in the case of a ship in relation to which a managing owner is for the time being registered under section 59(1) of the [1894 c. 60.] Merchant Shipping Act 1894, if served on that managing owner, and
(b) in the case of any other ship, if served on any one of the registered owners.
Aviation and Maritime Security Act 1990