Maritime Area Planning Act 2021

146

Investigations

146. (1) (a) The MARA may, where it is of the opinion that a relevant ground may apply to a holder, cause such investigation as it thinks fit to be carried out to identify any relevant ground.

(b) The MARA shall, for the purposes of the investigation, appoint an authorised officer, subject to such terms and conditions as it thinks fit—

(i) to carry out the investigation, and

(ii) to submit to it an investigation report following the completion of the investigation.

(2) The MARA may appoint more than one authorised officer to carry out an investigation but, in any such case, the investigation report concerned shall be prepared jointly by the authorised officers so appointed and the other provisions of this Act (including the definition of “investigation report” in section 134) shall, with all necessary modifications, be construed accordingly.

(3) The terms and conditions of appointment of an authorised officer may define the scope of the investigation to be carried out by the authorised officer, whether as respects the matters or the period to which it is to extend or otherwise, and in particular may limit the investigation to matters connected with particular circumstances.

(4) Where the MARA has appointed an authorised officer to carry out an investigation, the authorised officer shall, as soon as is practicable after being so appointed—

(a) give notice in writing to the holder concerned of the matter to which the investigation relates, and

(b) give the holder—

(i) copies of any documents relevant to the investigation, and

(ii) a copy of this Part, and

(iii) without prejudice to the generality of section 138, afford the holder an opportunity to respond within 30 days from the date on which the holder received the notice referred to in paragraph (a), or such further period not exceeding 30 days as the authorised officer allows, to the matter to which the investigation relates.