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Merchant Shipping and Maritime Security Act 1997

Status:

This is the original version (as it was originally enacted).

Power to promote searches

4(1)Section 22 (power to require harbour authorities to promote searches) is amended as follows.

(2)In subsection (1), for “to a harbour authority requiring it to use its best endeavours” there is substituted “to—

(a)a harbour authority, or

(b)a harbour operator,

requiring that person to use his best endeavours”.

(3)After subsection (2) there is inserted—

“(2A)The searches to which this section applies, in relation to an operating area, are searches—

(a)of the operating area or any part of it,

(b)of any ship which at the time when the direction is given or at any subsequent time is in the operating area, and

(c)of persons and property (other than ships) which may at any time be in the operating area.”

(4)After subsection (3) there is inserted—

“(3A)Subsection (3) above applies in relation to a direction under this section to a harbour operator as it applies in relation to a direction to a harbour authority, but as if the references to the harbour area (or to any part of the harbour area) were references to the operating area (or any part of the operating area).”

5In section 23 (power to require other persons to promote searches), in subsection (1), “(other than a harbour authority)” is omitted and after that subsection there is inserted—

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

(a)a harbour authority, or

(b)a harbour operator.”

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