|
| |
|
(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 |
| |
| |
(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 |
| 15 |
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 |
| |
| 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 |
| |
| |
(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 |
| |
| 35 |
| |
(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, |
| |
| 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 |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| 25 |
(6) | For the purposes of subsection (5), the following persons are “appropriate |
| |
| |
(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 |
| |
| |
(c) | in any other case, the person (if any) from whom the property was |
| |
| |
(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. |
| |
| |
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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
| |
“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 |
| |
| |
“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 |
| |
| |
|
| |
|
| |
|
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 |
| |
(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 |
| |
| |
(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 |
| |
| |
| |
(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 |
| |
(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 |
| |
| 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. |
| |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| “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 |
| |
| 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— |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
(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 |
| |
(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 |
| |
| |
| the court may order that the bond be returned to the person who gave it. |
| 30 |
| |
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 |
| |
| 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. |
| |
|
| |
|