The Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2010

Recovery of fines

7.—(1) Without prejudice to the provisions of section 221 of the Criminal Procedure (Scotland) Act 1995(1), where a court has imposed a fine on any person in respect of an offence under this Order, that court may for the purposes of recovering the fine—

(a) order any boat involved in the commission of the offence and its gear and catch to be detained for a period not exceeding 3 months from the date—

(i) of the conviction or until the fine is paid;

(ii) the order is renewed for a further period (not exceeding 3 months); or

(iii) on which a warrant is issued under sub-paragraph (b),

whichever first occurs; or

(b) subject to paragraph (2), at any time after the imposition of the fine, issue a warrant for the arrestment and sale of any boat involved in the commission of the offence, its gear and catch.

(2) The court must not issue a warrant under paragraph (l)(b) without first affording the owner of the boat, gear or catch liable to be included in the warrant an opportunity to be heard on the issue of such warrant.

(3) A warrant issued under paragraph (1)(b), whatever the amount of the fine imposed, may be executed in the same manner as if the proceedings were on an extract decree of the sheriff in a summary cause.

(4) Where in relation to a fine in respect of an offence under this Order a transfer of fine order under section 222 of the Criminal Procedure (Scotland) Act 1995(2), section 90 of the Magistrates’ Courts Act 1980(3) or article 95 of the Magistrates’ Courts (Northern Ireland) Order 1981(4) specifies a court of summary jurisdiction in Scotland, this article applies as if the fine were a fine imposed by that court.

(1)

1995 c.46; section 221 was amended by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), schedule 5, paragraph 23.

(2)

Section 222 was amended by the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), schedule 1, paragraph 20(3).

(3)

1980 c.43; section 90 was amended by the Criminal Justice and Public Order Act 1994 (c.33), section 47(2) and the Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), article 50.

(4)

S.I. 1981/1675 (N.I. 26).