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Aquaculture and Fisheries (Scotland) Act 2013

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This is the original version (as it was originally enacted).

41Retention of objects seized under section 39(3)

This section has no associated Explanatory Notes

(1)An object seized by a British sea-fishery officer under section 39(3) may be retained by the Scottish Ministers.

(2)If any of the grounds of release in subsection (3) applies, the Scottish Ministers must, as soon as is reasonably practicable, make the object available for collection.

(3)The grounds of release are—

(a)that a procurator fiscal has decided not to take proceedings in respect of any offence in relation to which the object was seized,

(b)where a fixed penalty notice has been issued in respect of such an offence, that the appropriate fixed penalty has been paid,

(c)that any proceedings taken in respect of such an offence have concluded without an order for forfeiture having been made in respect of the object.

(4)Subsection (2) does not apply if the object is liable to forfeiture under section 46.

(5)Any reference in this section to an object seized under subsection (3) of section 39 includes a reference to anything seized by virtue of subsection (7) of that section.

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