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Marine and Coastal Access Bill [HL]


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

172

 

(8)   

Any power which a court has to order the forfeiture of any fish or any fishing

gear may instead be exercised in relation to any bond given under this section

as security for that fish or fishing gear.

267     

Power of relevant authority to sell seized fish in its possession

(1)   

Any fish which are being retained by the relevant authority under section 265

5

may be sold by the authority.

(2)   

Any power which a court has to order the forfeiture of any fish may instead be

exercised in relation to the proceeds of any sale of the fish under this section.

(3)   

Subject to subsection (6), the proceeds of any sale under this section may be

retained by the relevant authority until such time as—

10

(a)   

a court exercises any power it has to order the forfeiture of the

proceeds, or

(b)   

either of the grounds for release mentioned in subsection (4) applies.

(4)   

The grounds for release referred to in subsection (3) are—

(a)   

that the relevant authority has decided not to take proceedings in

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respect of any offence in relation to which the fish were seized;

(b)   

that any proceedings taken in respect of such an offence have

concluded without any order for forfeiture having been made.

(5)   

If either of the grounds for release mentioned in subsection (4) applies, the

relevant authority must, as soon as is reasonably practicable, release the

20

proceeds of sale to any person who appears to the authority to have been the

owner, or one of the owners, of the fish at the time of the seizure of the fish.

(6)   

If the proceeds of sale are still in the relevant authority’s possession after the

end of the period of six months beginning with the date on which the fish were

sold, the relevant authority may retain the proceeds and apply them in any

25

manner it thinks fit.

   

The relevant authority may exercise its power under this subsection to retain

and apply the proceeds of sale only if it is not practicable at the time when the

power is exercised to dispose of the proceeds by releasing them immediately

to the person to whom they are required to be released.

30

(7)   

Subject to subsection (9), any fish sold under this section must be sold at

auction.

(8)   

Before selling the fish, the relevant authority must give the owner of the fish a

reasonable opportunity to make representations as to the manner in which the

fish are sold.

35

(9)   

If—

(a)   

the owner of the fish requests that the fish be sold—

(i)   

at a particular auction, or

(ii)   

by a method of sale other than auction,

   

and

40

(b)   

the relevant authority does not consider that it would be unreasonable

to comply with that request,

   

the relevant authority must comply with the request when selling the fish.

(10)   

The relevant authority may deduct any reasonable expenses it has incurred in

selling any fish under this section from the proceeds of the sale.

45

 
 

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

173

 

(11)   

In a case where there is more than one owner of the fish, subsection (9) applies

only if the request is made by or on behalf of all of them.

268     

Disposal of property seized under section 262 or 263

(1)   

This section applies to any property seized under section 262 or 263 which the

relevant authority—

5

(a)   

no longer wishes to retain for any purpose, or

(b)   

is required to make available for collection by virtue of section 265.

(2)   

In this section a “notice of collection” is a notice stating that—

(a)   

the property specified in the notice is available to be collected from the

location so specified, and

10

(b)   

if the property is not collected before the end of the period of three

months beginning with the date specified in the notice, the relevant

authority will dispose of the property.

(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 property.

15

(4)   

The relevant authority may take any other steps it considers appropriate to

notify every such person that the property 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 property, the relevant authority must—

(a)   

if it is reasonably practicable to do so, serve a notice of collection on

20

every person who is an appropriate person for the purposes of this

subsection, and

(b)   

take such steps as it thinks fit to bring the information contained in the

notice of collection to the attention of persons likely to be interested in

it.

25

(6)   

For the purposes of subsection (5), the following persons are “appropriate

persons”—

(a)   

in the case of property seized from a vessel, the master, owner and

charterer (if any) of the vessel at the time of the seizure of the property;

(b)   

in the case of property seized from premises, every person who appears

30

to the relevant authority to have been an occupier of the premises at

that time;

(c)   

in any other case, the person (if any) from whom the property was

seized.

(7)   

If the relevant authority complies with subsection (3) or subsection (5), as the

35

case may be, the relevant authority may, at the end of the period mentioned in

subsection (2)(b), dispose of the property in whatever way it thinks fit.

Forfeiture

269     

Forfeiture etc of prohibited items

(1)   

Any item to which this section applies is liable to forfeiture under this section

40

if the use of that item for sea fishing would in any circumstances constitute an

offence under the law of England and Wales.

 
 

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

174

 

(2)   

This section applies to any item seized on board a vessel or from the sea by an

enforcement officer in the exercise of any power conferred by this Act.

(3)   

Any item forfeited under this section is to be forfeited to the relevant authority

and may be disposed of by that authority in any manner it thinks fit.

270     

Forfeiture etc of fish failing to meet size requirements

5

(1)   

Any fish to which this section applies are liable to forfeiture under this section

if, by virtue of the fish failing to meet requirements as to size, an offence under

the law of England and Wales has been committed in respect of the fish.

(2)   

This section applies to fish seized by an enforcement officer in the exercise of

any power conferred by this Act.

10

(3)   

Any fish forfeited under this section are to be forfeited to the relevant authority

and may be disposed of by that authority in any manner it thinks fit.

271     

Further provision about forfeiture under section 269 or 270

Schedule 18 (which makes provision in relation to the forfeiture of property

liable to forfeiture under section 269 or 270) has effect.

15

272     

Forfeiture by court following conviction

(1)   

This section applies where a court by or before which a person is convicted of

an offence under the fisheries legislation orders the forfeiture of any fish or any

fishing gear in respect of that offence.

(2)   

The court must order that the property to be forfeited is to be taken into the

20

possession of the person or body by whom proceedings for the offence were

brought.

(3)   

The property may be disposed of as that person or body thinks fit.

(4)   

Any proceeds arising from the disposal of the property may be retained by the

person or body.

25

(5)   

The court may order any person convicted of the offence to pay any costs

reasonably incurred by any person or body in storing the property that is to be

forfeited.

(6)   

In this section—

“the fisheries legislation” means—

30

(a)   

any enactments relating to sea fishing (including any enactment

relating to fishing for shellfish, salmon or migratory trout);

(b)   

any enforceable EU restrictions and enforceable EU obligations

relating to sea fishing;

“enforceable EU obligation” means an obligation to which section 2(1) of

35

the European Communities Act 1972 (c. 68) applies;

“enforceable EU restriction” means a restriction to which section 2(1) of

that Act applies.

 
 

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

175

 

Detention of vessels in connection with court proceedings

273     

Power to detain vessels in connection with court proceedings

(1)   

This section applies where—

(a)   

an enforcement officer has reasonable grounds for suspecting that a

relevant offence has been committed by the master, owner or charterer

5

of a vessel, and

(b)   

the officer reasonably believes that—

(i)   

if proceedings are taken against the person for the offence, there

is a real risk that the person will not attend court unless the

vessel is detained under this section, or

10

(ii)   

if the person is convicted of the offence and the court by or

before which the person is convicted imposes a fine on that

person, it is likely that the court will order the vessel to be

detained.

(2)   

Where this section applies, an enforcement officer who has the power

15

conferred by this section may—

(a)   

take, or arrange for another person to take, the vessel and its crew to the

port which appears to the officer to be the nearest convenient port, or

(b)   

require any person who is for the time being in charge of the vessel to

take it and its crew to that port.

20

(3)   

When a vessel has been taken to a port in pursuance of this section, the officer

may—

(a)   

detain it there, or

(b)   

require the person for the time being in charge of it to do so.

(4)   

An enforcement officer who detains any vessel under this section must, if it is

25

reasonably practicable to do so, serve a notice on—

(a)   

the owner of the vessel,

(b)   

the charterer (if any) of the vessel, and

(c)   

the person who is for the time being in charge of the vessel.

(5)   

The notice must state—

30

(a)   

the reasons for detaining the vessel;

(b)   

the circumstances in which the vessel may be released.

274     

Release of vessels detained under section 273

(1)   

This section applies where a vessel is being detained under section 273.

(2)   

The vessel ceases to be detained under that section if one of the following

35

things occurs—

(a)   

the notice of detention is withdrawn;

(b)   

the court orders the release of the vessel under section 275;

(c)   

any proceedings taken against the master, owner or charterer of the

vessel have concluded;

40

(d)   

the court referred to in section 273(1)(b)(ii) exercises any power it has to

order the vessel to be detained.

(3)   

A notice of detention may be withdrawn by service of a further notice signed

by an appropriate enforcement officer.

 
 

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

176

 

(4)   

In subsection (3) the reference to an appropriate enforcement officer is a

reference to any enforcement officer acting on behalf of the same relevant

authority as the enforcement officer who served the notice of detention, and

includes a reference to that officer.

(5)   

If any of the grounds for release mentioned in subsection (6) applies, then any

5

notice of detention must be withdrawn as soon as possible.

(6)   

The grounds for release referred to in subsection (5) are—

(a)   

that the relevant authority has decided not to take proceedings against

the master, owner or charterer of the vessel;

(b)   

that there are no grounds for believing that any person referred to in

10

paragraph (a) against whom proceedings have been, or may be, taken

will fail to attend court;

(c)   

that there are no grounds for believing that the court referred to in

section 273(1)(b)(ii) will order the vessel to be detained.

(7)   

In this section “notice of detention” means a notice served under section 273(4).

15

275     

Power of court to order release of vessels

(1)   

This section applies where a vessel is being detained under section 273.

(2)   

If, on an application made to a magistrates’ court in England and Wales by the

owner or charterer, or any of the owners or charterers, of the vessel, the court

is satisfied that—

20

(a)   

the continued detention of the vessel under section 273 is not necessary

to secure that the master, owner or charterer of the vessel will attend

court, or

(b)   

there are no grounds for believing that the court referred to in section

273(1)(b)(ii) will order the vessel to be detained,

25

   

the court may order that the vessel be released.

276     

Bonds for release of vessels

(1)   

Where a vessel is being detained under section 273, the relevant authority may

enter into an agreement with the owner or charterer, or any of the owners or

charterers, of the vessel for security for the vessel to be given to the relevant

30

authority by way of bond in return for the withdrawal of the notice of

detention.

(2)   

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

35

determined by the court.

   

“The court” means a magistrates’ court in England and Wales.

(3)   

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.

40

(4)   

If any of the grounds for release mentioned in subsection (5) applies, then any

bond given under this section must be returned as soon as possible.

(5)   

The grounds for release referred to in subsection (4) are—

 
 

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

177

 

(a)   

that the relevant authority has decided not to take proceedings against

the master, owner or charterer of the vessel;

(b)   

that there are no grounds for believing that any person referred to in

paragraph (a) against whom proceedings have been, or may be, taken

will fail to attend court;

5

(c)   

that there are no grounds for believing that the court referred to in

section 273(1)(b)(ii) would, in the absence of the bond, have ordered the

vessel to be detained;

(d)   

that any proceedings taken against the master, owner or charterer of

the vessel have concluded without any fine having been imposed.

10

(6)   

Where a court imposes a fine on the master, owner or charterer of the vessel,

the court may order any sum of money given as a bond under this section to be

used towards the payment of the fine.

   

If the fine is less than the amount of the bond, any sum not required to be used

in payment of the fine must be returned to the person who gave the bond as

15

soon as possible.

(7)   

In this section “notice of detention” means a notice served under section 273(4).

277     

Power of court to order repayment of bonds

(1)   

This section applies where a notice of detention served under section 273(4) in

respect of a vessel has been withdrawn in return for a bond given as security

20

for the vessel under section 276.

(2)   

If, on an application to a magistrates’ court in England and Wales by the person

who gave the bond, the court is satisfied that—

(a)   

the continued detention of the bond under section 276 is not necessary

to secure that the master, owner or charterer of the vessel will attend

25

court, or

(b)   

there are no grounds for believing that the court referred to in section

273(1)(b)(ii) would, in the absence of the bond, have ordered the vessel

to be detained,

   

the court may order that the bond be returned to the person who gave it.

30

Production of equipment

278     

Power to require production of certain equipment

(1)   

An enforcement officer who has the power conferred by this section may

require any person on board a vessel to produce any equipment falling within

subsection (2).

35

(2)   

The equipment referred to in subsection (1) is—

(a)   

any automatic recording equipment or transmitting equipment used in

accordance with a condition included in a licence by virtue of section

4(6) or 4A(6) of the Sea Fish (Conservation) Act 1967 (c. 84);

(b)   

any equipment which is required to be carried on board a vessel by

40

virtue of a byelaw made by an inshore fisheries and conservation

authority under section 155;

(c)   

any equipment which is required to be carried on board a vessel by

virtue of an order made by the Welsh Ministers under section 184.

 
 

 
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