Marine and Coastal Access Bill [HL]

House of Commons

Session 2008 - 09
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Marine and Coastal Access Bill [HL]

Marine and Coastal Access Bill [HL]
Schedule 17 — Warrants issued under section 244
291

Schedule 17
Section 244

Warrants issued under section 244
Introductory
1     (1)
This Schedule has effect in relation to the issue to enforcement officers of
warrants under section 244.
5
      (2)
An entry into a dwelling under such a warrant is unlawful unless it complies
with the provisions of this Schedule.
Applications for warrants
2     (1)
Where an enforcement officer applies for a warrant, the officer must—
(a)
state the ground on which the application is made,
10
(b)
state the enactment under which the warrant would be issued,
(c)
specify the dwelling which it is desired to enter and inspect, and
(d)
identify, so far as is practicable, the purpose for which entry is
desired.
      (2)
An application for a warrant must be made without notice and must be
15
supported by an information in writing or, in Scotland, evidence on oath.
      (3)
The officer must answer on oath any question that the justice hearing the
application asks the officer.
Safeguards in connection with power of entry conferred by warrant
3
A warrant authorises an entry on one occasion only.
20
4     (1)
A warrant must specify—
(a)
the name of the person who applies for it,
(b)
the date on which it is issued,
(c)
the enactment under which it is issued, and
(d)
the dwelling to be entered.
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      (2)
A warrant must identify, so far as is practicable, the purpose for which entry
is desired.
5     (1)
Two copies are to be made of a warrant.
      (2)
The copies must be clearly certified as copies.
Execution of warrants
30
6     (1)
A warrant may be executed by any appropriate enforcement officer.
      (2)
In sub-paragraph (1) 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 applied for the warrant, and
includes a reference to that officer.
35
      (3)
In sub-paragraph (2) “relevant authority” means the person or body on
whose behalf the officer who applied for the warrant was acting.

Marine and Coastal Access Bill [HL]
Schedule 17 — Warrants issued under section 244
292

7     (1)
A warrant may authorise persons to accompany any enforcement officer
who is executing it.
      (2)
A person authorised under this paragraph has the same powers as the
officer whom the person is accompanying in respect of the execution of the
warrant, but may exercise those powers only in the company of, and under
5
the supervision of, an enforcement officer.
8     (1)
Execution of a warrant must be within three months from the date of its
issue.
      (2)
Execution of a warrant must be at a reasonable time, unless it appears to the
officer executing it that there are grounds for suspecting that the purpose of
10
entering the dwelling may be frustrated if the officer seeks to enter at a
reasonable time.
9     (1)
Where the occupier of a dwelling that is to be entered under a warrant is
present at the time when an enforcement officer seeks to execute the
warrant, the following requirements must be satisfied—
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(a)
the occupier must be told the officer’s name;
(b)
the officer must produce to the occupier documentary evidence of
the fact that the officer is an enforcement officer;
(c)
the officer must produce the warrant to the occupier;
(d)
the officer must supply the occupier with a certified copy of it.
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      (2)
Where—
(a)
the occupier of a dwelling that is to be entered under a warrant is not
present when an enforcement officer seeks to execute it, but
(b)
some other person who appears to the officer to be in charge of the
dwelling is present,
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sub-paragraph (1) has effect as if any reference to the occupier were a
reference to that other person.
      (3)
If there is no person present who appears to the enforcement officer to be in
charge of the dwelling, the officer must leave a certified copy of the warrant
in a prominent place in the dwelling.
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Return of warrants
10    (1)
A warrant which—
(a)
has been executed, or
(b)
has not been executed within the time authorised for its execution,

must be returned to the appropriate person.
35
      (2)
In sub-paragraph (1) the appropriate person is—
(a)
in the case of a warrant issued by a justice of the peace in England
and Wales, the designated officer for the local justice area in which
the justice was acting when the warrant was issued;
(b)
in the case of a warrant issued by a lay magistrate in Northern
40
Ireland, the clerk of petty sessions for the petty sessions district in
which the dwelling is situated;
(c)
in the case of a warrant issued by a sheriff, the sheriff clerk;
(d)
in the case of a warrant issued by a justice of the peace or stipendiary
magistrate in Scotland, the clerk of the justice of the peace court.
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Marine and Coastal Access Bill [HL]
Schedule 18 — Forfeiture of property under section 270 or 271
293

      (3)
A warrant that is returned under this paragraph must be retained by the
person to whom it is returned for a period of 12 months.
      (4)
If during that period the occupier of the dwelling to which the warrant
relates asks to inspect it, the occupier must be allowed to do so.
Schedule 18
5
Section 272

Forfeiture of property under section 270 or 271
Application of Schedule
1     (1)
This Schedule applies where—
(a)
property seized by an enforcement officer in the exercise of any
power conferred by this Act is in the possession of the relevant
10
authority,
(b)
the relevant authority is satisfied that there are reasonable grounds
for believing that the property is forfeitable property, and
(c)
either—
(i)
no proceedings are being taken against any person in respect
15
of the property, or
(ii)
any such proceedings have concluded without any order for
forfeiture having been made in respect of the property.
      (2)
The following property is “forfeitable property”—
(a)
any item the use of which for sea fishing would in any circumstances
20
constitute an offence under the law of England and Wales;
(b)
any fish in respect of which, by virtue of the fish failing to meet
requirements as to size, an offence under the law of England and
Wales has been committed.
Notice of intended forfeiture
25
2     (1)
The relevant authority must give notice of the intended forfeiture of the
property (“notice of intended forfeiture”) to each of the following persons—
(a)
every person who appears to the authority to have been the owner of
the property, or one of its owners, at the time of the seizure of the
property;
30
(b)
in the case of property seized from a vessel, the master, owner and
charterer (if any) of the vessel at that time;
(c)
in the case of property seized from premises, every person who
appears to the authority to have been an occupier of the premises at
that time;
35
(d)
in any other case, the person (if any) from whom the property was
seized.
      (2)
The notice of intended forfeiture must set out—
(a)
a description of the property,
(b)
the grounds of the intended forfeiture, and
40
(c)
how a person may give a notice of claim under this Schedule and the
period within which such a notice must be given.

Marine and Coastal Access Bill [HL]
Schedule 18 — Forfeiture of property under section 270 or 271
294

      (3)
In a case where—
(a)
the property was seized following an inspection carried out in
exercise of the power conferred by section 259, and
(b)
the relevant authority, after taking reasonable steps to do so, is
unable to identify any person as owning the property,
5

the reference in sub-paragraph (1) to a requirement to give notice of
intended forfeiture to 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 notice to the attention of persons likely to be interested in it.
      (4)
Property may be treated or condemned as forfeited under this Schedule only
10
if—
(a)
the requirements of this paragraph have been complied with in the
case of the property, or
(b)
it was not reasonably practicable for them to be complied with.
Notice of claim
15
3
A person claiming that the property is not liable to forfeiture must give
written notice of the claim to the relevant authority.
4     (1)
A notice of claim must be given—
(a)
within one month of the day of the giving of the notice of intended
forfeiture, or
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(b)
if no such notice has been given, within one month of the date of the
seizure of the property.
      (2)
A notice of claim must specify—
(a)
the name and address of the claimant, and
(b)
in the case of a claimant who is outside the United Kingdom, the
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name and address of a solicitor in the United Kingdom who is
authorised to accept service of process and to act on behalf of the
claimant.
      (3)
Service of process upon a solicitor so specified is to be taken to be proper
service upon the claimant.
30
      (4)
In a case in which notice of intended forfeiture was given to different
persons on different days, the reference in this paragraph to the day on
which that notice was given is a reference—
(a)
in relation to a person to whom notice of intended forfeiture was
given, to the day on which that notice was given to that person, and
35
(b)
in relation to any other person, to the day on which notice of
intended forfeiture was given to the last person to be given such a
notice.
Automatic forfeiture in a case where no claim is made
5
The property is to be taken to have been duly condemned as forfeited if—
40
(a)
by the end of the period for the giving of a notice of claim in respect
of the property, no notice of claim has been given to the relevant
authority, or
(b)
a notice of claim has been given which does not comply with the
requirements of paragraphs 3 and 4.
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Marine and Coastal Access Bill [HL]
Schedule 18 — Forfeiture of property under section 270 or 271
295

Decision whether to take court proceedings to condemn property as forfeited
6     (1)
Where a notice of claim in respect of the property is duly given in accordance
with paragraphs 3 and 4, the relevant authority must decide whether to take
proceedings to ask the court to condemn the property as forfeited.
      (2)
The decision whether to take such proceedings must be taken as soon as
5
reasonably practicable after the receipt of the notice of claim.
Return of property if no forfeiture proceedings
7     (1)
If, in a case in which a notice of claim has been given, the relevant authority
decides not to take proceedings for condemnation of the property, it must
return the property to the person appearing to it to be the owner of the
10
property, or, if there is more than one such person, to one of those persons.
      (2)
Any property required to be returned in accordance with sub-paragraph (1)
must be returned as soon as reasonably practicable after the decision not to
take proceedings for condemnation.
Forfeiture proceedings
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8     (1)
This paragraph applies if, in a case in which a notice of claim has been given,
the relevant authority decides to take proceedings for the condemnation of
the property by the court.
      (2)
If the court is satisfied that the property is forfeitable property, it must
condemn the property as forfeited.
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      (3)
If the court is not satisfied that the property is forfeitable property, the court
must order the return of the property to the person appearing to the court to
be entitled to it or, if there is more than one such person, to one of those
persons.
Supplementary provision about forfeiture proceedings
25
9
Proceedings by virtue of this Schedule are civil proceedings and may be
instituted—
(a)
in the High Court, or
(b)
in any magistrates’ court in England or Wales.
10    (1)
In proceedings by virtue of this Schedule, the claimant or the claimant’s
30
solicitor must make an oath that, at the time of the seizure, the property was,
or was to the best of that person’s knowledge and belief, the property of the
claimant.
      (2)
In proceedings by virtue of this Schedule instituted in the High Court—
(a)
the court may require the claimant to give such security for the costs
35
of the proceedings as may be determined by the court, and
(b)
the claimant must comply with such a requirement.
      (3)
If a requirement of this paragraph is not complied with, the court must give
judgment for the relevant authority.
11    (1)
In the case of proceedings by virtue of this Schedule instituted in a
40
magistrates’ court in England or Wales, either party may appeal against the
decision of that court to the Crown Court.

Marine and Coastal Access Bill [HL]
Schedule 18 — Forfeiture of property under section 270 or 271
296

      (2)
This paragraph does not affect any right to require the statement of a case for
the opinion of the High Court.
12
Where an appeal has been made (whether by case stated or otherwise)
against the decision of the court in proceedings by virtue of this Schedule in
relation to property, the property is to be left with the relevant authority
5
pending the final determination of the matter.
Effect of forfeiture
13
Where property is treated or condemned as forfeited under this Schedule,
the forfeiture is to be treated as having taken effect as from the time of the
seizure.
10
Disposal of property which is not returned
14    (1)
This paragraph applies where any property is required to be returned to a
person under this Schedule.
      (2)
If the property is still in the relevant authority’s possession after the end of
the period of three months beginning with the day after the requirement to
15
return it arose, the relevant authority may dispose of it in any manner it
thinks fit.
      (3)
The relevant authority may exercise its power under this paragraph to
dispose of property only if it is not practicable at the time when the power is
exercised to dispose of the property by returning it immediately to the
20
person to whom it is required to be returned.
Provisions as to proof
15
In proceedings under this Schedule, the fact, form and manner of the seizure
of the property are to be taken, without further evidence and unless the
contrary is shown, to have been as set forth in the process.
25
16
In any proceedings, the condemnation by a court of property as forfeited
under this Schedule may be proved by the production of—
(a)
the order or certificate of condemnation, or
(b)
a certified copy of the order purporting to be signed by an officer of
the court by which the order or certificate was made or granted.
30
Special provisions as to certain claimants
17    (1)
This paragraph applies where, at the time of the seizure of the property, it
was—
(a)
the property of a body corporate,
(b)
the property of two or more partners, or
35
(c)
the property of more than five persons.
      (2)
The oath required by paragraph 10, and any other thing required by this
Schedule or by rules of court to be done by the owner of the property, may
be sworn or done by—
(a)
a person falling within sub-paragraph (3), or
40
(b)
a person authorised to act on behalf of such a person.
      (3)
The persons are—

Marine and Coastal Access Bill [HL]
Schedule 19 — Schedule 1A to the National Parks and Access to the Countryside Act 1949
297

(a)
where the owner is a body corporate, the secretary or some duly
authorised officer of that body;
(b)
where the owners are in partnership, any one or more of the owners;
(c)
where there are more than five owners and they are not in
partnership, any two or more of the owners acting on behalf of
5
themselves and any of their co-owners who are not acting on their
own behalf.
Power to destroy fish before condemnation, etc
18    (1)
The relevant authority may destroy any fish liable to be treated or
condemned as forfeited under this Schedule, even if such fish have not yet
10
been so treated or condemned.
      (2)
If in proceedings under this Schedule the court is not satisfied that any fish
destroyed under this paragraph were forfeitable property, the relevant
authority must, if requested to do so, pay to the claimant a sum of money
equal to the market value of the fish at the time of seizure.
15
      (3)
A claimant who accepts any sum of money paid under sub-paragraph (2) is
not entitled to maintain any action on account of the seizure, detention or
destruction of the fish.
      (4)
For the purposes of sub-paragraph (2), the market value of any fish at the
time of seizure is to be taken to be such amount as the relevant authority and
20
the claimant may agree or, in default of agreement, as may be determined by
a referee appointed by the court.
      (5)
The procedure on any reference to a referee under sub-paragraph (4) is to be
such as may be determined by the referee.
      (6)
The referee’s decision is final and conclusive.
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Saving for owner’s rights
19
Neither the imposition of a requirement by virtue of this Schedule to return
property to a person nor the return of property to a person in accordance
with such a requirement affects—
(a)
the rights in relation to that property of any other person, or
30
(b)
the right of any other person to enforce any rights against the person
to whom it is returned.
Interpretation
20
In this Schedule—
“the court” is to be read in accordance with paragraph 9;
35
“forfeitable property” is to be read in accordance with paragraph 1(2).
Schedule 19
Section 297

Schedule 1A to the National Parks and Access to the Countryside Act 1949

The following is the Schedule to be inserted as Schedule 1A to the National