Schedule 2—Enforcement powers in relation to ships
Part 1—England and Wales
(8) An instrument containing regulations under this paragraph that bring the code into operation may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(9) An instrument containing regulations under this paragraph that bring a revision of the code into operation must be laid before Parliament (if the regulations are made without a draft having been laid and approved as mentioned in sub-paragraph (8)).
(10) Where an instrument, or a draft of an instrument, is laid, the code or revision of the code to which it relates must also be laid.
Assistants
6 (1) An English and Welsh constable or an enforcement officer may—
- (a) be accompanied by other persons, and
- (b) take equipment or materials,
to assist the constable or officer in the exercise of powers under this Part of this Schedule.
(2) A person accompanying a constable or an enforcement officer under subparagraph (1) may perform any of the constable’s or officer’s functions under this Part of this Schedule, but only under the constable’s or officer’s supervision.
Reasonable force
7 An English and Welsh constable or an enforcement officer may use reasonable force, if necessary, in the performance of functions under this Part of this Schedule.
Evidence of authority
8 An English and Welsh constable or an enforcement officer must produce evidence of the constable’s or officer’s authority if asked to do so.
Protection of constables and enforcement officers
9 An English and Welsh constable or an enforcement officer is not liable in any criminal or civil proceedings for anything done in the purported performance of functions under this Part of this Schedule if the court is satisfied that—
- (a) the act was done in good faith, and
- (b) there were reasonable grounds for doing it.
Offences
10 (1) A person commits an offence under the law of England and Wales if the person—
- (a) intentionally obstructs a constable or an enforcement officer in the performance of functions under this Part of this Schedule, or
- (b) fails without reasonable excuse to comply with a requirement made by a constable or an enforcement officer in the performance of those functions.
