Marine and Coastal Access Bill [HL]

House of Lords

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
164

charterers, of the vessel for security for the vessel to be given to the relevant
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
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(b)
in the event of a failure to agree an amount, for such amount as may be
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
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determine.
(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
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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;
(c)
that there are no grounds for believing that the court would, in the
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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.
(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
25
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 269(4).
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273
Power of court to order repayment of bonds
(1)
This section applies where a notice of detention served under section 269(4) in
respect of a vessel has been withdrawn in return for a bond given as security
for the vessel under section 272.
(2)
If, on an application to a magistrates’ court in England and Wales by the person
35
who gave the bond, the court is satisfied that—
(a)
the continued detention of the bond under section 272 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 would, in the absence
40
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.

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 4 — Fisheries enforcement powers
165

Production of equipment
274
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).
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(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
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virtue of a byelaw made by an inshore fisheries and conservation
authority under section 151;
(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 180.
Supplementary
15
275
Service of notices, etc
(1)
Any notice or other thing that is required to be served on or given to a person
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;
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(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.
(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.
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(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
United Kingdom;
(b)
in the case of a firm, the principal office of the partnership;
(c)
in the case of an unincorporated body or association, the principal
30
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.
(4)
In the case of—
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(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,

the references in subsection (3) to its principal office include references to its
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principal office within the United Kingdom (if any).

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 4 — Fisheries enforcement powers
166

276
Conclusion of proceedings
(1)
This section applies for determining when any proceedings have concluded for
the purposes of this Chapter.
(2)
Where proceedings are terminated by an appealable decision, they are not to
be regarded as concluded—
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(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
the conclusion of the appeal.
(3)
Subsection (2) applies for determining, for the purposes of paragraph (b) of
10
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
includes a reference to a verdict, sentence, finding or order that puts an end to
the proceedings.
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(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.
(6)
Any reference in this section to an appeal includes a reference to an application
for permission to appeal.
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277
Interpretation of this Chapter
In this Chapter—
“fish” includes shellfish;
“relevant authority” means—
(a)
in relation to the seizure of any object or property by an
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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,
the person or body on whose behalf the officer who detained the
vessel was acting;
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“relevant function”, in relation to an enforcement officer, means any
function of that officer;
“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;
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“vessel” includes any ship or boat or any description of vessel used in
navigation.

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 5 — Common enforcement provisions
167

Chapter 5
Common enforcement provisions
Introductory
278
Meaning of “enforcement officer”
In this Chapter “enforcement officer” means a person who has any powers
5
conferred by this Part, other than a person who has such powers only by virtue
of section 250(2) (persons assisting enforcement officers).
Duties of enforcement officers
279
Duty to provide evidence of authority
(1)
Before exercising any power conferred by this Part, an enforcement officer
10
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
15
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 225(1).
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280
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 250 must, if requested to do so, give the
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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.
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(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).
(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
35
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.