Enforcement & Prosecution Policy The Port of London Authority (PLA) is responsible under the Port Marine Safety Code for the effective enforcement of its regulations, which are adopted in order to assist in managing the safety of navigation within the port. In this Policy, enforcement comprises the promulgation of regulation and guidance, effective surveillance, incident investigation, and where appropriate formal warning and prosecution.
Where appropriate, and where empowered to do so, the PLA will prosecute offenders for committing criminal offences, including those set out in the Port of London Act 1968 (as amended), the Merchant Shipping Act 1995 and in ancillary regulations and byelaws.
To this end, it is Board policy that the PLA shall:
- Maintain through regular reviews, an effective regulatory framework, which is integrated with relevant national legislation and includes local regulation resulting from risk assessment, or as otherwise made necessary;
- Ensure that PLA regulations and associated guidance are widely promulgated;
- Develop and maintain effective enforcement procedures, which comply with relevant national legal requirements and guidelines;
- Develop and maintain effective investigation procedures for use in the event of a navigational incident, which support PLA enforcement procedures, but also meet the requirements of the navigational Safety Management System in respect of identifying and promulgating any ‘lessons learned’;
- Ensure that all staff involved in an incident investigation, or who are required to follow PLA enforcement procedures, receive effective and relevant training;
- Maintain an effective surveillance and spot check regime, to monitor compliance with, and detect breaches of, relevant national and PLA regulations;
- Respond to breaches of regulation, where justified by the evidence and other circumstances, by the use of formal warnings and legal prosecution;
- When bringing prosecutions observe the Code for Crown Prosecutors and evidential Codes in so far as appropriate;
- Manage the progress of enforcement activities, including incident investigations and prosecutions, and the maintenance of appropriate records.
07/06/04
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