Powers of Secretary of StateU.K.

(1)For purposes to which this Part of this Act applies, the Secretary of State may give a direction in writing to any person F1. . . who—

(a)carries on harbour operations in a harbour area, or

(b)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,

requiring him to use his best endeavours to secure that such searches to which this section applies as are specified in the direction are carried out by constables or by other persons of a description specified in the direction.

[F2(1A)A direction may not be given under this section to—

(a)a harbour authority, or

(b)a harbour operator.]

(2)The searches to which this section applies are—

(a)in relation to a person falling within subsection (1)(a) above, searches—

(i)of any land which he occupies within the harbour area, and

(ii)of persons or property which may at any time be on that land; and

(b)in relation to a person falling within subsection (1)(b) above, searches—

(i)of any land which he occupies outside the harbour area for the purposes of his business, and

(ii)of persons or property which may at any time be on that land.

(3)Any person who, without reasonable excuse, fails to comply with a direction given to him under this section 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 or to imprisonment for a term not exceeding two years or to both.

(4)Where a person is convicted of an offence under subsection (3) 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 [F3one-tenth of level 5 on the standard scale] [F3one-tenth of the greater of £5,000 or level 4 on the standard scale] for each day on which the failure continues.