s.416Powers of Inspectors
416
Section 416Part 16 — ENFORCEMENT OFFICERS AND POWERS

Powers of Inspectors

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An inspector may, at all reasonable times —
enter any premises in the Islands; or
board any Cayman Islands ship wherever it may be and any other ship which is present in the Islands or in Cayman Islands waters, for the purpose of reporting to the Chief Executive Officer on the matters specified in subsection (2) and for the purposes of sections 419 to 421.
The matters referred to in subsection (1) are to report to the Chief Executive Officer —
upon the nature and causes of any damage which any ship has, or is alleged, to have sustained or caused;
whether any requirements, restrictions or prohibitions imposed by or under this Act and the regulations have been complied with or contravened; or
whether this Act and the regulations are complied with.
In exercising the powers conferred by subsection (1) an inspector may —
take with the inspector any other person authorised for the purpose by the Chief Executive Officer, and any equipment or material the inspector requires;
make such inspection or investigation as the inspector considers necessary;
give a direction requiring that —
the premises or ship or any part of the premises or ship; or
anything in the premises or ship, shall be left undisturbed, whether generally or in particular respects, for so long as is reasonably necessary for the purposes of any inspection or investigation under paragraph (b);
take such measurements and photographs and make such recordings as the inspector considers necessary for the purpose of any inspection or investigation under paragraph (b);
take any articles or substances, or samples of the articles or substances, found in the premises or ship and of the atmosphere in or in the vicinity of the premises or ship as the inspector considers necessary for the purpose of any inspection or investigation under paragraph (b);
cause any article or substance found in the premises or ship to be dismantled or subjected to any process or test, but not so far as to damage or destroy it unless that is, in the circumstances, necessary;
in the case of any article or substance as mentioned in paragraph (e), take possession of it for so long as is necessary in order to —
examine it and do to it anything which the inspector has power to do under paragraph (f);
ensure that it is not tampered with before the inspector's inspection of it is completed; and
ensure that it is available for use as evidence in any proceedings for an offence under this Act and the regulations;
require the production of, and inspect and take copies of, any entry in the official log book or any other documents which the inspector considers it necessary for the inspector to see for the purposes of any inspection or investigation under paragraph (b); and
require any person to afford the inspector such facilities and assistance with respect to any matters or things within that person's control or in relation to which that person has responsibilities as the inspector considers are necessary to enable the inspector to exercise any of the powers conferred on the inspector by this subsection.
Nothing in subsections (1) and (2) authorises an inspector to prevent a ship from proceeding to sea except in accordance with sections 419 and 420.
Where an inspector proposes to exercise the power conferred by subsection (3)(f), the inspector shall, if so requested by a person who at the time has responsibilities in relation to the premises or ship, cause anything which is to be done by virtue of that power to be done in the presence of that person.
An inspector before exercising the power conferred by subsection (3)(f), shall consult such persons as appear to the inspector appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which the inspector proposes to do under that power.
Where, under the power conferred by subsection (3)(e), an inspector takes possession of any article or substance found in any premises or ship, the inspector shall —
leave there, either with a responsible person or, if that is impracticable, fixed in a conspicuous position, a notice giving particulars of that article or substance sufficient to identify it and stating that the inspector has taken possession of it under that power; and,
before taking possession of any such substance under that power, if it is practicable for the inspector to do so, take a sample of the substance and give to a responsible person at the premises or on board the ship a portion of the sample marked in a manner sufficient to identify it.
An inspector in exercising the inspector's powers under this section shall do so in a manner that is at all times and in all respects compatible with the Bill of Rights in Part 1 of the Constitution of the Islands.

Cross References

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