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
168

260
Reports of inspections under section 259
(1)
This section applies where an enforcement officer inspects any object under
section 259.
(2)
The officer must prepare a report in relation to the inspection.
(3)
The report must state—
5
(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 259(2) or (5), the report must also
state—
10
(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 259(2) or (5), the officer
15
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.
20
(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—
25
(a)
the object has been seized under section 259(2), and
(b)
either of the conditions in subsection (8) is satisfied,

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.
30
(8)
The conditions are—
(a)
that the relevant authority has decided not to take proceedings in
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.
35
(9)
Where the object has been seized under section 259(5), the relevant authority
must 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 at the same time as it serves
a notice of collection on that person under section 262.
(10)
In a case where the relevant authority, after taking reasonable steps to do so, is
40
unable to identify any person as owning the object—
(a)
any reference in this section to a requirement for the authority to serve
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
45
in it, and

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

(b)
the reference in subsection (9) to serving a notice of collection under
section 262 is to be read as a reference to taking the steps referred to in
subsection (5) of that section.
261
Retention of objects seized under section 259(2)
(1)
Any object seized by an enforcement officer under section 259(2) may be
5
retained by the relevant authority.
(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—
10
(a)
that the relevant authority has decided not to take proceedings in
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
15
section 270 or 271.
(5)
Any reference in this section to an object seized under subsection (2) of section
259 includes a reference to anything seized by virtue of subsection (6) of that
section.
262
Disposal of objects seized under section 259
20
(1)
This section applies to—
(a)
any object seized under section 259(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
261;
25
(b)
any object seized under section 259(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
30
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
35
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
40
likely to be interested in it.

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

(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
section 259 includes a reference to anything seized by virtue of subsection (6)
5
of that section.
Seizure for purposes of forfeiture
263
Power to seize fish for purposes of forfeiture
(1)
An enforcement officer who has the power conferred by this section may seize
and detain or remove any fish in respect of which the officer reasonably
10
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
the offence was committed.
15
(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
removal of the fish if they remained in the container for that purpose,
20

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
not in a container, and
25
(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,

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
30
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
(b)
where the officer is exercising a power of inspection conferred by
section 241, 242 or 243, any person in or on the relevant premises,
35

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
section 241, 242 or 243, the officer may require any person in or on the relevant
premises to afford such facilities and assistance with respect to matters under
40
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
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
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Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 4 — Fisheries enforcement powers
171

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—
“relevant activity”, in relation to an enforcement officer, means any
activity in respect of which the officer has functions;
5
“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
power of inspection conferred by section 241, 242 or 243, means the
vessel, marine installation, premises or vehicle in relation to which the
10
power is being exercised.
264
Power to seize fishing gear for purposes of forfeiture
(1)
An enforcement officer who has the power conferred by this section may seize
and detain or remove any fishing gear which the officer reasonably believes
has been used in the commission of a relevant offence.
15
(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
commission of the offence.
(3)
If, in the opinion of an enforcement officer, it is not for the time being
20
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
(b)
where the officer is exercising a power of inspection conferred by
section 241, 242 or 243, any person in or on the relevant premises,
25

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
section 241, 242 or 243, the officer may require any person in or on the relevant
premises to afford such facilities and assistance with respect to matters under
30
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
35
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;
40
“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 241, 242 or 243, means the
vessel, marine installation, premises or vehicle in relation to which the
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power is being exercised.