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
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
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
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.