Marine and Coastal Access Bill [HL]

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Marine and Coastal Access Bill [HL]

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 4 — Fisheries enforcement powers
165

Chapter 3
Licensing enforcement powers
257
Power to require information relating to certain substances and objects
(1)
A person who has the power conferred by this section may require any
person—
5
(a)
to give details of any substances or objects on board a vehicle, vessel,
aircraft or marine structure;
(b)
to give information concerning any substances or objects lost from a
vehicle, vessel, aircraft or marine structure.
(2)
A statement made by a person in response to a requirement made under this
10
section may not be used against the person in criminal proceedings in which
the person is charged with an offence to which this subsection applies.
(3)
Subsection (2) applies to any offence other than an offence under one of the
following provisions (which concern false statements made otherwise than on
oath)—
15
(a)
section 5 of the Perjury Act 1911 (c. 6);
(b)
section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995
(c. 39);
(c)
Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714
(N.I. 19)).
20
(4)
In this section “marine structure” and “vessel” have the meaning given by
section 115.
Chapter 4
Fisheries enforcement powers
Inspection and seizure of objects at sea
25
258
Power to inspect and seize objects at sea
(1)
For the purposes of carrying out any relevant functions, an enforcement officer
who has the power conferred by this section may inspect any object in the sea
which the officer believes has been or is being used for or in connection with
fishing.
30

The officer may lift an object out of the sea for the purposes of inspecting it
under this section.
(2)
An enforcement officer who has inspected an object under this section may
seize the object.
(3)
The power conferred by subsection (2) may only be exercised—
35
(a)
for the purposes of determining whether a relevant offence has been
committed, or
(b)
in relation to an object which an enforcement officer reasonably
believes to be evidence of the commission of a relevant offence.

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 4 — Fisheries enforcement powers
166

(4)
If, having inspected an object under this section, the officer decides not to seize
it under subsection (2), the officer must, if it is reasonably practicable to do so,
replace the object in the location where it was found.
(5)
If it is not reasonably practicable to replace the object in accordance with
subsection (4), the officer may seize the object until such time as it may be
5
collected by its owner.
(6)
Any power conferred by this section to seize an object includes power to
seize—
(a)
anything that is attached to the object;
(b)
anything that is contained within the object.
10
(7)
Any reference in this section to replacing an object includes, in the case of
fishing gear, a reference to re-setting the gear in the same way in which it was
placed in the sea.
(8)
The powers conferred on an enforcement officer by this section are without
prejudice to any powers exercisable by the officer apart from this section.
15
259
Reports of inspections under section 258
(1)
This section applies where an enforcement officer inspects any object under
section 258.
(2)
The officer must prepare a report in relation to the inspection.
(3)
The report must state—
20
(a)
the date and time of the inspection;
(b)
the identity of the officer who carried out the inspection;
(c)
how the officer may be contacted.
(4)
In the case of an object seized under section 258(2) or (5), the report must also
state—
25
(a)
what has been seized;
(b)
the reasons for its seizure;
(c)
any further action that it is proposed will be taken in relation to the
object.
(5)
Where the object has not been seized under section 258(2) or (5), the officer
30
must, if it is reasonably practicable to do so, attach a copy of the report to the
object.

If it is not reasonably practicable to attach a copy of the report to the object, the
officer must serve a copy of the report on every person who appears to the
officer to be the owner, or one of the owners, of the object.
35
(6)
In a case where the officer, after taking reasonable steps to do so, is unable to
identify any person as owning the object, the officer must take such steps as the
officer thinks fit to bring the contents of the report to the attention of persons
likely to be interested in it.
(7)
Where—
40
(a)
the object has been seized under section 258(2), and
(b)
either of the conditions in subsection (8) is satisfied,

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 4 — Fisheries enforcement powers
167


the relevant authority must, if it has not already done so, serve a copy of the
report on every person who appears to the authority to be the owner, or one of
the owners, of the object.
(8)
The conditions are—
(a)
that the relevant authority has decided not to take proceedings in
5
respect of any offence in relation to which the object was seized;
(b)
that any proceedings taken in respect of such an offence have
concluded.
(9)
Where the object has been seized under section 258(5), the relevant authority
must serve a copy of the report on every person who appears to the authority
10
to be the owner, or one of the owners, of the object at the same time as it serves
a notice of collection on that person under section 261.
(10)
In a case where the relevant authority, after taking reasonable steps to do so, is
unable to identify any person as owning the object—
(a)
any reference in this section to a requirement for the authority to serve
15
a copy of a report on such a person is to be read as a reference to a
requirement to take such steps as the authority thinks fit to bring the
contents of the report to the attention of persons likely to be interested
in it, and
(b)
the reference in subsection (9) to serving a notice of collection under
20
section 261 is to be read as a reference to taking the steps referred to in
subsection (5) of that section.
260
Retention of objects seized under section 258(2)
(1)
Any object seized by an enforcement officer under section 258(2) may be
retained by the relevant authority.
25
(2)
If either of the grounds of release in subsection (3) applies, the relevant
authority must, as soon as is reasonably practicable, make the object available
for collection.
(3)
The grounds of release referred to in subsection (2) are—
(a)
that the relevant authority has decided not to take proceedings in
30
respect of any offence in relation to which the object was seized;
(b)
that any proceedings taken in respect of such an offence have
concluded without any order for forfeiture having been made.
(4)
But subsection (2) does not apply if the object is liable to forfeiture under
section 269 or 270.
35
(5)
Any reference in this section to an object seized under subsection (2) of section
258 includes a reference to anything seized by virtue of subsection (6) of that
section.
261
Disposal of objects seized under section 258
(1)
This section applies to—
40
(a)
any object seized under section 258(2) which the relevant authority—
(i)
no longer wishes to retain for any purpose, or
(ii)
is required to make available for collection by virtue of section
260;

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 4 — Fisheries enforcement powers
168

(b)
any object seized under section 258(5).
(2)
In this section a “notice of collection” is a notice stating that—
(a)
the object specified in the notice is available to be collected from the
location so specified, and
(b)
if the object is not collected before the end of the period of three months
5
beginning with the date specified in the notice, the relevant authority
will dispose of the object.
(3)
The relevant authority must serve a notice of collection on every person who
appears to the authority to be the owner, or one of the owners, of the object.
(4)
The relevant authority may take any other steps it thinks fit to notify every
10
such person that the object is available to be collected.
(5)
If the relevant authority, after taking reasonable steps to do so, is unable to
identify any person as owning the object in order to serve a notice of collection,
the relevant authority must take such steps as it thinks fit to bring the
information contained in the notice of collection to the attention of persons
15
likely to be interested in it.
(6)
If the relevant authority complies with subsection (3) or subsection (5), as the
case may be, the relevant authority may, at the end of the period mentioned in
subsection (2)(b), dispose of the object in whatever way it thinks fit.
(7)
Any reference in this section to an object seized under subsection (2) or (5) of
20
section 258 includes a reference to anything seized by virtue of subsection (6)
of that section.
Seizure for purposes of forfeiture
262
Power to seize fish for purposes of forfeiture
(1)
An enforcement officer who has the power conferred by this section may seize
25
and detain or remove any fish in respect of which the officer reasonably
believes a relevant offence has been committed.
(2)
The power conferred by this section may only be exercised for the purposes of
securing that, in the event of a conviction for a relevant offence, the court may
exercise any relevant power of forfeiture in relation to fish in respect of which
30
the offence was committed.
(3)
Where—
(a)
any fish which an enforcement officer wishes to seize and remove are
in a container, and
(b)
the officer reasonably considers that it would facilitate the seizure and
35
removal of the fish if they remained in the container for that purpose,

any power to seize and remove the fish includes power to seize and remove the
container.
(4)
Where—
(a)
any fish which an enforcement officer wishes to seize and remove are
40
not in a container, and
(b)
the officer reasonably considers that it would facilitate the seizure and
removal of the fish if they were placed in a container suitable for that
purpose,

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 4 — Fisheries enforcement powers
169


the officer may require the fish to be placed into such a container.
(5)
If, in the opinion of an enforcement officer, it is not for the time being
practicable for the officer to seize and remove any fish, the officer may
require—
(a)
the person from whom the fish are being seized, or
5
(b)
where the officer is exercising a power of inspection conferred by
section 240, 241 or 242, any person in or on the relevant premises,

to secure that the fish are not removed or otherwise interfered with until such
time as the officer may seize and remove them.
(6)
Where an enforcement officer is exercising a power of inspection conferred by
10
section 240, 241 or 242, the officer may require any person in or on the relevant
premises to afford such facilities and assistance with respect to matters under
that person’s control as the officer considers would facilitate the exercise of any
power conferred by this section.
(7)
Where an enforcement officer reasonably believes that a person is or has been
15
carrying on a relevant activity, the officer may require that person to afford
such facilities and assistance with respect to matters under that person’s
control as the officer considers would facilitate the exercise in relation to that
person of any power conferred by this section.
(8)
In this section—
20
“relevant activity”, in relation to an enforcement officer, means any
activity in respect of which the officer has functions;
“relevant power of forfeiture” means any power of a court to order the
forfeiture of any fish in respect of which an offence has been committed;
“the relevant premises”, in relation to an enforcement officer exercising a
25
power of inspection conferred by section 240, 241 or 242, means the
vessel, marine installation, premises or vehicle in relation to which the
power is being exercised.
263
Power to seize fishing gear for purposes of forfeiture
(1)
An enforcement officer who has the power conferred by this section may seize
30
and detain or remove any fishing gear which the officer reasonably believes
has been used in the commission of a relevant offence.
(2)
The power conferred by this section may only be exercised for the purposes of
securing that, in the event of a conviction for a relevant offence, the court may
exercise any relevant power of forfeiture in relation to fishing gear used in the
35
commission of the offence.
(3)
If, in the opinion of an enforcement officer, it is not for the time being
practicable for the officer to seize and remove any fishing gear, the officer may
require—
(a)
the person from whom the fishing gear is being seized, or
40
(b)
where the officer is exercising a power of inspection conferred by
section 240, 241 or 242, any person in or on the relevant premises,

to secure that the fishing gear is not removed or otherwise interfered with until
such time as the officer may seize and remove it.
(4)
Where an enforcement officer is exercising a power of inspection conferred by
45
section 240, 241 or 242, the officer may require any person in or on the relevant
premises to afford such facilities and assistance with respect to matters under

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 4 — Fisheries enforcement powers
170

that person’s control as the officer considers would facilitate the exercise of any
power conferred by this section.
(5)
Where an enforcement officer reasonably believes that a person is or has been
carrying on a relevant activity, the officer may require that person to afford
such facilities and assistance with respect to matters under that person’s
5
control as the officer considers would facilitate the exercise in relation to that
person of any power conferred by this section.
(6)
In this section—
“relevant activity”, in relation to an enforcement officer, means any
activity in respect of which the officer has functions;
10
“relevant power of forfeiture” means any power of a court to order the
forfeiture of any fishing gear used in the commission of an offence;
“the relevant premises”, in relation to an enforcement officer exercising a
power of inspection conferred by section 240, 241 or 242, means the
vessel, marine installation, premises or vehicle in relation to which the
15
power is being exercised.
264
Procedure in relation to seizure under section 262 or 263
(1)
An enforcement officer who seizes any property under section 262 or 263 must,
if it is reasonably practicable to do so, serve a notice on each of the following
persons—
20
(a)
every person who appears to the officer to have been the owner, or one
of the owners, of the property at the time of its seizure;
(b)
in the case of property seized from a vessel, the master, owner and
charterer (if any) of the vessel at that time;
(c)
in the case of property seized from premises, every person who appears
25
to the officer to have been an occupier of the premises at that time;
(d)
in any other case, the person (if any) from whom the property was
seized.
(2)
The notice must state—
(a)
what has been seized;
30
(b)
the reason for its seizure;
(c)
the offence which the officer believes has been committed;
(d)
any further action that it is proposed will be taken;
(e)
that, unless the property is liable to forfeiture under section 269 or 270,
it is to be detained until such time as it is released or its forfeiture is
35
ordered by the court.
(3)
Subsections (4) and (5) apply in a case where the property was seized following
an inspection carried out in exercise of the power conferred by section 258.
(4)
The officer must serve a copy of the report referred to in section 259 on every
person falling within paragraph (a) of subsection (1) above at the same time as
40
the officer serves a notice on that person under this section.
(5)
In a case where the officer, after taking reasonable steps to do so, is unable to
identify any person as owning the property—
(a)
any reference in this section to a requirement to serve a notice on that
person is to be read as a reference to a requirement to take such steps as
45
the officer thinks fit to bring the contents of the notice to the attention
of persons likely to be interested in it, and

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 4 — Fisheries enforcement powers
171

(b)
the reference in subsection (4) to serving a copy of the report referred to
in section 259 is to be read as a reference to taking the steps referred to
in subsection (10)(a) of that section.
265
Retention of property seized under section 262 or 263
(1)
Any property seized by an enforcement officer under section 262 or 263 may
5
be retained by the relevant authority.
(2)
If either of the grounds for release in subsection (3) applies, the relevant
authority must, as soon as is reasonably practicable, make the property
available for collection.
(3)
The grounds for release referred to in subsection (2) are—
10
(a)
that the relevant authority has decided not to take proceedings in
respect of any offence in relation to which the property was seized;
(b)
that any proceedings taken in respect of such an offence have
concluded without any order for forfeiture having been made.
(4)
But subsection (2) does not apply if the property is liable to forfeiture under
15
section 269 or 270.
266
Bonds for release of seized fish or gear
(1)
This section applies to any property which is being retained by the relevant
authority under section 265.
(2)
The relevant authority may enter into an agreement with any person falling
20
within subsection (3) for security for the property to be given to the relevant
authority by way of bond in return for the release of the property.
(3)
The persons referred to in subsection (2) are—
(a)
the owner, or any of the owners, of the property;
(b)
in the case of property seized from a vessel, the owner or charterer, or
25
any of the owners or charterers, of the vessel.
(4)
Any bond given under this section is to be—
(a)
for such amount as may be agreed, or
(b)
in the event of a failure to agree an amount, for such amount as may be
determined by the court.
30

“The court” means a magistrates’ court in England and Wales.
(5)
A person who gives a bond under this section must comply with such
conditions as to the giving of the bond as the relevant authority may
determine.
(6)
If either of the grounds for release mentioned in subsection (7) applies, then
35
any bond given under this section must be returned as soon as possible.
(7)
The grounds for release referred to in subsection (6) are—
(a)
that the relevant authority has decided not to take proceedings in
respect of any offence in relation to which the property was seized;
(b)
that any proceedings taken in respect of such an offence have
40
concluded without any order for forfeiture having been made.