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Aquaculture and Fisheries (Scotland) Act 2013

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This is the original version (as it was originally enacted).

36Power to detain vessels in connection with court proceedings

This section has no associated Explanatory Notes

(1)This section applies where—

(a)a British sea-fishery officer has reasonable grounds for suspecting that an offence under the sea fisheries legislation has been committed by the master, an owner or a charterer of a vessel (referred to as “A”), and

(b)the officer reasonably believes that—

(i)if proceedings are taken against A for the offence, there is a real risk that A will not attend court unless the vessel is detained under this section, or

(ii)if A is convicted of the offence and the court by or before which A is convicted imposes a fine on A, it is likely that the court will order the vessel to be detained.

(2)Where this section applies, a British sea-fishery officer may—

(a)take, or arrange for another person to take, the vessel and its crew to the port that 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 the vessel has been taken to a port, the officer may—

(a)detain it there, or

(b)require the person for the time being in charge of it to do so.

(4)A British sea-fishery officer who detains a vessel under this section must, if it is reasonably practicable to do so, serve a notice on 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, and

(b)the circumstances in which the vessel may be released.

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