Aquaculture and Fisheries (Scotland) Act 2013

Notice of intended forfeiture

2 (1) The Scottish Ministers must serve notice of the intended forfeiture of the property (“notice of intended forfeiture”) on each of the following—

(a) every person who appears to the Scottish Ministers to have been an owner of the property at the time of its seizure,

(b) in the case of property seized on board 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 Scottish Ministers to have been an occupier of the premises at that time,

(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,

(c) information about how a person may give a notice of claim under this schedule, and

(d) the period within which such a notice must be given.

(3) In a case where—

(a) the property was seized following an inspection carried out in exercise of the power conferred by section 39, and

(b) the Scottish Ministers, after taking reasonable steps to do so, are unable to identify any person as owning the property,

the reference in sub-paragraph (1) to a requirement to serve notice of intended forfeiture on such a person is to be read as a reference to a requirement to take such steps as the Scottish Ministers think fit to bring the contents of the notice to the attention of persons likely to be interested in it.

(4) Property may be forfeited or taken as forfeited under this schedule only if—

(a) the requirements of this paragraph have been complied with in respect of the property, or

(b) it was not reasonably practicable for them to be complied with.