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
176

272
Further provision about forfeiture under section 270 or 271
Schedule 18 (which makes provision in relation to the forfeiture of property
liable to forfeiture under section 270 or 271) has effect.
273
Forfeiture by court following conviction
(1)
This section applies where a court by or before which a person is convicted of
5
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
possession of the person or body by whom proceedings for the offence were
brought.
10
(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.
(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
15
forfeited.
(6)
In this section—
“the fisheries legislation” means—
(a)
any enactments relating to sea fishing (including any enactment
relating to fishing for shellfish, salmon or migratory trout);
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(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
the European Communities Act 1972 (c. 68) applies;
“enforceable EU restriction” means a restriction to which section 2(1) of
25
that Act applies.
Detention of vessels in connection with court proceedings
274
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
30
relevant offence has been committed by the master, owner or charterer
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
35
vessel is detained under this section, or
(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.
40
(2)
Where this section applies, an enforcement officer who has the power
conferred by this section may—

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 4 — Fisheries enforcement powers
177

(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.
(3)
When a vessel has been taken to a port in pursuance of this section, the officer
5
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
reasonably practicable to do so, serve a notice on—
10
(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—
(a)
the reasons for detaining the vessel;
15
(b)
the circumstances in which the vessel may be released.
275
Release of vessels detained under section 274
(1)
This section applies where a vessel is being detained under section 274.
(2)
The vessel ceases to be detained under that section if one of the following
things occurs—
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(a)
the notice of detention is withdrawn;
(b)
the court orders the release of the vessel under section 276;
(c)
any proceedings taken against the master, owner or charterer of the
vessel have concluded;
(d)
the court referred to in section 274(1)(b)(ii) exercises any power it has to
25
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
30
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
notice of detention must be withdrawn as soon as possible.
(6)
The grounds for release referred to in subsection (5) are—
35
(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;
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(c)
that there are no grounds for believing that the court referred to in
section 274(1)(b)(ii) will order the vessel to be detained.
(7)
In this section “notice of detention” means a notice served under section 274(4).

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 4 — Fisheries enforcement powers
178

276
Power of court to order release of vessels
(1)
This section applies where a vessel is being detained under section 274.
(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—
5
(a)
the continued detention of the vessel under section 274 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
274(1)(b)(ii) will order the vessel to be detained,
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the court may order that the vessel be released.
277
Bonds for release of vessels
(1)
Where a vessel is being detained under section 274, 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
15
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
20
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.
25
(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;
30
(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;
(c)
that there are no grounds for believing that the court referred to in
section 274(1)(b)(ii) would, in the absence of the bond, have ordered the
35
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.
(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
40
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
soon as possible.
(7)
In this section “notice of detention” means a notice served under section 274(4).
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Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 4 — Fisheries enforcement powers
179

278
Power of court to order repayment of bonds
(1)
This section applies where a notice of detention served under section 274(4) in
respect of a vessel has been withdrawn in return for a bond given as security
for the vessel under section 277.
(2)
If, on an application to a magistrates’ court in England and Wales by the person
5
who gave the bond, the court is satisfied that—
(a)
the continued detention of the bond under section 277 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
10
274(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.
Production of equipment
279
Power to require production of certain equipment
15
(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).
(2)
The equipment referred to in subsection (1) is—
(a)
any automatic recording equipment or transmitting equipment used in
20
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
virtue of a byelaw made by an inshore fisheries and conservation
authority under section 155;
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(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.
Supplementary
280
Service of notices, etc
(1)
Any notice or other thing that is required to be served on or given to a person
30
under any provision of this Chapter may be served on or given to the person
only by one of the following methods—
(a)
personal delivery;
(b)
addressing it to the person and leaving it at the appropriate address;
(c)
addressing it to the person and sending it to that address by post.
35
(2)
“The appropriate address”, in relation to the owner of a vessel that is registered
in any country or territory, means the address given by that register as the
address of the owner of the vessel.
(3)
In relation to any other person “the appropriate address” means—
(a)
in the case of a body corporate, its registered or principal office in the
40
United Kingdom;
(b)
in the case of a firm, the principal office of the partnership;

Marine and Coastal Access Bill [HL]
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Chapter 4 — Fisheries enforcement powers
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(c)
in the case of an unincorporated body or association, the principal
office of the body or association;
(d)
in any other case, the person’s usual or last known place of residence in
the United Kingdom or last known place of business in the United
Kingdom.
5
(4)
In the case of—
(a)
a company registered outside the United Kingdom,
(b)
a firm carrying on business outside the United Kingdom, or
(c)
an unincorporated body or association with offices outside the United
Kingdom,
10

the references in subsection (3) to its principal office include references to its
principal office within the United Kingdom (if any).
281
Conclusion of proceedings
(1)
This section applies for determining when any proceedings have concluded for
the purposes of this Chapter.
15
(2)
Where proceedings are terminated by an appealable decision, they are not to
be regarded as concluded—
(a)
until the end of the ordinary time for appeal against the decision, if no
appeal in respect of the decision is brought within that time, or
(b)
if an appeal in respect of the decision is brought within that time, until
20
the conclusion of the appeal.
(3)
Subsection (2) applies for determining, for the purposes of paragraph (b) of
that subsection, when proceedings on an appeal are concluded as it applies for
determining when the original proceedings are concluded.
(4)
Any reference in subsection (2) to a decision which terminates proceedings
25
includes a reference to a verdict, sentence, finding or order that puts an end to
the proceedings.
(5)
An appealable decision is a decision of a description against which an appeal
will lie, whether by way of case stated or otherwise and whether with or
without permission.
30
(6)
Any reference in this section to an appeal includes a reference to an application
for permission to appeal.
282
Interpretation of this Chapter
In this Chapter—
“fish” includes shellfish;
35
“relevant authority” means—
(a)
in relation to the seizure of any object or property by an
enforcement officer, the person or body on whose behalf the
officer who seized it was acting;
(b)
in relation to the detention of a vessel by an enforcement officer,
40
the person or body on whose behalf the officer who detained the
vessel was acting;
“relevant function”, in relation to an enforcement officer, means any
function of that officer;

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 5 — Common enforcement provisions
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“relevant offence”, in relation to an enforcement officer, means any
offence in respect of which the officer has functions;
“shellfish” includes crustaceans and molluscs of any kind;
“vessel” includes any ship or boat or any description of vessel used in
navigation.
5
Chapter 5
Common enforcement provisions
Introductory
283
Meaning of “enforcement officer”
In this Chapter “enforcement officer” means a person who has any powers
10
conferred by this Part, other than a person who has such powers only by virtue
of section 255(2) (persons assisting enforcement officers).
Duties of enforcement officers
284
Duty to provide evidence of authority
(1)
Before exercising any power conferred by this Part, an enforcement officer
15
must, if requested to do so, produce evidence that the officer is authorised to
exercise that power.
(2)
An enforcement officer may exercise a power conferred by this Part only if the
officer complies with the duty imposed by subsection (1).
(3)
If, at the time the request is made, the officer does not consider it practicable to
20
produce the evidence referred to in subsection (1), that subsection does not
apply until such time as the officer considers it practicable to comply with the
request.
(4)
Nothing in this section applies to a person falling within paragraph (c) or (d)
of section 230(1).
25
285
Duty to state name and purpose, etc
(1)
Before exercising any power conferred by this Part, an enforcement officer
must, if requested to do so, give the information in subsection (3).
(2)
Before exercising any power conferred by this Part, any person assisting an
enforcement officer by virtue of section 255 must, if requested to do so, give the
30
information in paragraphs (b) and (c) of subsection (3).
(3)
The information is—
(a)
the person’s name;
(b)
the power the person is proposing to exercise;
(c)
the grounds for proposing to do so.
35
(4)
A person may exercise a power conferred by this Part only if the person
complies with the duty imposed by subsection (1) or the duty imposed by
subsection (2) (as the case may be).

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Chapter 5 — Common enforcement provisions
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(5)
If, at the time the request is made, the person does not consider it practicable to
give the information referred to in subsection (1) or the information referred to
in subsection (2) (as the case may be), that subsection does not apply until such
time as the person considers it practicable to comply with the request.
Liability of enforcement officers
5
286
Liability of enforcement officers etc
(1)
A person within subsection (2) is not to be liable in any civil or criminal
proceedings for anything done (or omitted to be done) in, or in connection
with, the discharge or purported discharge of the person’s functions under this
Act.
10
(2)
The persons are—
(a)
any enforcement officer;
(b)
any person assisting an enforcement officer by virtue of section 255.
(3)
Subsection (1) does not apply—
(a)
if the act or omission is shown to have been in bad faith,
15
(b)
if there were no reasonable grounds for the act or omission, or
(c)
so as to prevent an award of damages in respect of the act or omission
on the ground that it was unlawful as a result of section 6(1) of the
Human Rights Act 1998 (c. 42) (acts of public authorities incompatible
with Convention rights).
20
Offences in relation to enforcement officers
287
Offences in relation to enforcement officers
(1)
A person is guilty of an offence if—
(a)
the person fails without reasonable excuse to comply with a
requirement reasonably made, or a direction reasonably given, by an
25
enforcement officer in the exercise of any power conferred by this Part,
or
(b)
the person prevents any other person from complying with any such
requirement or direction.
(2)
A person is not guilty of an offence by reason of a failure to comply with a
30
requirement made under subsection (1) of section 252 if the person complies
with subsection (2) of that section.
(3)
A person who provides information in pursuance of a requirement reasonably
made by an enforcement officer in the exercise of the power conferred by
section 258 is guilty of an offence if—
35
(a)
the information is false in a material particular, and the person knows
that it is or is reckless as to whether it is, or
(b)
the person intentionally fails to disclose any material particular.
(4)
A person who intentionally obstructs an enforcement officer in the
performance of any of the officer’s functions under this Act is guilty of an
40
offence.