Oil Pollution of the Sea (Civil Liability and Compensation) Act, 1988

Powers of inspector.

32.—(1) For the purpose of the exercise of his functions under this Act, an inspector may do all such things as may appear to him to be necessary for the purposes of carrying out his functions under this Act.

(2) Without prejudice to the generality of subsection (1), an inspector may do all or any of the following things:

(a) stop or detain a ship on behalf of the Minister;

(b) go on board any ship and inspect the ship and any document on board the ship;

(c) require any person on board a ship to furnish him with his name and address;

(d) require the master of the ship to produce for inspection the certificate required to be carried on board by section 16 of this Act;

(e) enter and inspect any premises and any apparatus for the transfer of oil;

(f) by summons under his hand require any person to attend before him and examine him on oath (which the inspector is hereby authorised to administer);

(g) require a witness to make and subscribe a declaration of the truth of any statements made by him at his examination;

(h) require any person to produce to him any document in his power or control or make return to any inquiry;

(i) copy any entry in any document required by this Act or by the Oil Pollution of the Sea Acts, 1956 to 1977, to be kept and require the person by whom the document is kept to certify the copy as a true copy of the entry;

(j) take samples of oil from any ship;

(k) give a direction, either orally or in writing to the owner or master of a ship, or to any employee or agent of the owner, in relation to the ship.

(3) A witness before an inspector shall be entitled to the same immunities and privileges as if he were a witness before the Court and shall be allowed such expenses as would be allowed to a witness attending the Court on a sub poena: and any dispute as to the amount of those expenses shall be referred to a Taxing Master who shall, on request made to him under the hand of the inspector, ascertain and certify the amount of the expenses.

(4) Any person who—

(a) on being summoned as a witness before an inspector and tendered the expenses to which he is entitled under this section, makes default in attending or refuses to take an oath legally required by the inspector to be taken, or

(b) refuses or neglects to make any answer or to give any return or to produce any document or to make or subscribe any declaration, or to certify a copy of any entry which the inspector is entitled to require,

shall be guilty of an offence.

(5) Any person who—

(a) wilfully impedes an inspector in the exercise of his functions under this Act, or

(b) when requested by an inspector to furnish his name and address, fails or refuses so to do, or who, when so requested, furnishes a name or address which is false or misleading, shall be guilty of an offence.