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265 | Procedure in relation to seizure under section 263 or 264 |
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(1) | An enforcement officer who seizes any property under section 263 or 264 must, |
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if it is reasonably practicable to do so, serve a notice on each of the following |
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(a) | every person who appears to the officer to have been the owner, or one |
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of the owners, of the property at the time of its seizure; |
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(b) | in the case of property seized from a vessel, the master, owner and |
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charterer (if any) of the vessel at that time; |
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(c) | in the case of property seized from premises, every person who appears |
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to the officer to have been an occupier of the premises at that time; |
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(d) | in any other case, the person (if any) from whom the property was |
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(2) | The notice must state— |
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(a) | what has been seized; |
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(b) | the reason for its seizure; |
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(c) | the offence which the officer believes has been committed; |
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(d) | any further action that it is proposed will be taken; |
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(e) | that, unless the property is liable to forfeiture under section 270 or 271, |
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it is to be detained until such time as it is released or its forfeiture is |
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(3) | Subsections (4) and (5) apply in a case where the property was seized following |
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an inspection carried out in exercise of the power conferred by section 259. |
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(4) | The officer must serve a copy of the report referred to in section 260 on every |
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person falling within paragraph (a) of subsection (1) above at the same time as |
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the officer serves a notice on that person under this section. |
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(5) | In a case where the officer, after taking reasonable steps to do so, is unable to |
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identify any person as owning the property— |
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(a) | any reference in this section to a requirement to serve a notice on that |
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person is to be read as a reference to a requirement to take such steps as |
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the officer thinks fit to bring the contents of the notice to the attention |
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of persons likely to be interested in it, and |
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(b) | the reference in subsection (4) to serving a copy of the report referred to |
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in section 260 is to be read as a reference to taking the steps referred to |
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in subsection (10)(a) of that section. |
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266 | Retention of property seized under section 263 or 264 |
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(1) | Any property seized by an enforcement officer under section 263 or 264 may |
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be retained by the relevant authority. |
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(2) | If either of the grounds for release in subsection (3) applies, the relevant |
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authority must, as soon as is reasonably practicable, make the property |
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available for collection. |
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(3) | The grounds for release referred to in subsection (2) are— |
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(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 property was seized; |
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(b) | that any proceedings taken in respect of such an offence have |
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concluded without any order for forfeiture having been made. |
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(4) | But subsection (2) does not apply if the property is liable to forfeiture under |
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267 | Bonds for release of seized fish or gear |
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(1) | This section applies to any property which is being retained by the relevant |
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authority under section 266. |
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(2) | The relevant authority may enter into an agreement with any person falling |
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within subsection (3) for security for the property to be given to the relevant |
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authority by way of bond in return for the release of the property. |
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(3) | The persons referred to in subsection (2) are— |
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(a) | the owner, or any of the owners, of the property; |
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(b) | in the case of property seized from a vessel, the owner or charterer, or |
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any of the owners or charterers, of the vessel. |
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(4) | Any bond given under this section is to be— |
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(a) | for such amount as may be agreed, or |
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(b) | in the event of a failure to agree an amount, for such amount as may be |
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| “The court” means a magistrates’ court in England and Wales. |
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(5) | A person who gives a bond under this section must comply with such |
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conditions as to the giving of the bond as the relevant authority may |
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(6) | If either of the grounds for release mentioned in subsection (7) applies, then |
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any bond given under this section must be returned as soon as possible. |
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(7) | The grounds for release referred to in subsection (6) are— |
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(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 property was seized; |
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(b) | that any proceedings taken in respect of such an offence have |
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concluded without any order for forfeiture having been made. |
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(8) | Any power which a court has to order the forfeiture of any fish or any fishing |
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gear may instead be exercised in relation to any bond given under this section |
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as security for that fish or fishing gear. |
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268 | Power of relevant authority to sell seized fish in its possession |
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(1) | Any fish which are being retained by the relevant authority under section 266 |
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may be sold by the authority. |
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(2) | Any power which a court has to order the forfeiture of any fish may instead be |
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exercised in relation to the proceeds of any sale of the fish under this section. |
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(3) | Subject to subsection (6), the proceeds of any sale under this section may be |
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retained by the relevant authority until such time as— |
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(a) | a court exercises any power it has to order the forfeiture of the |
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(b) | either of the grounds for release mentioned in subsection (4) applies. |
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(4) | The grounds for release referred to in subsection (3) are— |
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(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; |
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(b) | that any proceedings taken in respect of such an offence have |
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concluded without any order for forfeiture having been made. |
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(5) | If either of the grounds for release mentioned in subsection (4) applies, the |
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relevant authority must, as soon as is reasonably practicable, release the |
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proceeds of sale to any person who appears to the authority to have been the |
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owner, or one of the owners, of the fish at the time of the seizure of the fish. |
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(6) | If the proceeds of sale are still in the relevant authority’s possession after the |
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end of the period of six months beginning with the date on which the fish were |
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sold, the relevant authority may retain the proceeds and apply them in any |
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| The relevant authority may exercise its power under this subsection to retain |
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and apply the proceeds of sale only if it is not practicable at the time when the |
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power is exercised to dispose of the proceeds by releasing them immediately |
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to the person to whom they are required to be released. |
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(7) | Subject to subsection (9), any fish sold under this section must be sold at |
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(8) | Before selling the fish, the relevant authority must give the owner of the fish a |
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reasonable opportunity to make representations as to the manner in which the |
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(a) | the owner of the fish requests that the fish be sold— |
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(i) | at a particular auction, or |
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(ii) | by a method of sale other than auction, |
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(b) | the relevant authority does not consider that it would be unreasonable |
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to comply with that request, |
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| the relevant authority must comply with the request when selling the fish. |
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(10) | The relevant authority may deduct any reasonable expenses it has incurred in |
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selling any fish under this section from the proceeds of the sale. |
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(11) | In a case where there is more than one owner of the fish, subsection (9) applies |
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only if the request is made by or on behalf of all of them. |
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269 | Disposal of property seized under section 263 or 264 |
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(1) | This section applies to any property seized under section 263 or 264 which the |
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(a) | no longer wishes to retain for any purpose, or |
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(b) | is required to make available for collection by virtue of section 266. |
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(2) | In this section a “notice of collection” is a notice stating that— |
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(a) | the property specified in the notice is available to be collected from the |
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location so specified, and |
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(b) | if the property is not collected before the end of the period of three |
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months beginning with the date specified in the notice, the relevant |
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authority will dispose of the property. |
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(3) | The relevant authority must serve a notice of collection on every person who |
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appears to the authority to be the owner, or one of the owners, of the property. |
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(4) | The relevant authority may take any other steps it considers appropriate to |
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notify every such person that the property is available to be collected. |
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(5) | If the relevant authority, after taking reasonable steps to do so, is unable to |
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identify any person as owning the property, the relevant authority must— |
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(a) | if it is reasonably practicable to do so, serve a notice of collection on |
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every person who is an appropriate person for the purposes of this |
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(b) | take such steps as it thinks fit to bring the information contained in the |
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notice of collection to the attention of persons likely to be interested in |
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(6) | For the purposes of subsection (5), the following persons are “appropriate |
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(a) | in the case of property seized from a vessel, the master, owner and |
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charterer (if any) of the vessel at the time of the seizure of the property; |
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(b) | in the case of property seized from premises, every person who appears |
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to the relevant authority to have been an occupier of the premises at |
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(c) | in any other case, the person (if any) from whom the property was |
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(7) | If the relevant authority complies with subsection (3) or subsection (5), as the |
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case may be, the relevant authority may, at the end of the period mentioned in |
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subsection (2)(b), dispose of the property in whatever way it thinks fit. |
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270 | Forfeiture etc of prohibited items |
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(1) | Any item to which this section applies is liable to forfeiture under this section |
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if the use of that item for sea fishing would in any circumstances constitute an |
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offence under the law of England and Wales. |
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(2) | This section applies to any item seized on board a vessel or from the sea by an |
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enforcement officer in the exercise of any power conferred by this Act. |
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(3) | Any item forfeited under this section is to be forfeited to the relevant authority |
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and may be disposed of by that authority in any manner it thinks fit. |
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271 | Forfeiture etc of fish failing to meet size requirements |
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(1) | Any fish to which this section applies are liable to forfeiture under this section |
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if, by virtue of the fish failing to meet requirements as to size, an offence under |
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the law of England and Wales has been committed in respect of the fish. |
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(2) | This section applies to fish seized by an enforcement officer in the exercise of |
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any power conferred by this Act. |
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(3) | Any fish forfeited under this section are to be forfeited to the relevant authority |
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and may be disposed of by that authority in any manner it thinks fit. |
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