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Sea Fisheries Act 1968

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Commencement Orders bringing legislation that affects this Act into force:

12 Recovery of fines imposed on master, etc., or crew.E+W+S+N.I.

(1)Where a fine is imposed by a magistrates’ court in England and Wales or Northern Ireland on the master, owner or charterer or a member of the crew of a fishing boat who is convicted by the court of an offence under section 5 or 10 of this Act [F1or section 2 of the M1Fishery Limits Act 1976], the court may—

(a)issue a warrant of distress against the boat and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and

(b)if the boat is a foreign fishing boat, order it to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.

(2)Where a fine is imposed by a sheriff in Scotland on the master, owner or charterer or a member of the crew of a fishing boat who is convicted by the sheriff of an offence under section 5 or 10 of this Act [F1or section 2 of the Fishery Limits Act 1976], the sheriff may—

(a)issue a warrant for the [F2poinding][F2arrestment] and sale of the boat and its gear and catch and any property of the person convicted; and

(b)if the boat is a foreign fishing boat, order it to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid, whichever occurs first.

(3)[F3Sections 77(1) and 78 of the Magistrates’ Courts Act 1980] (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this section in England and Wales as they apply to a warrant of distress issued under Part III of that Act.

(4)[F4Article 114(2) of the Magistrates’ Courts (Northern Ireland) Order 1981] (postponement of issue of certain warrants) shall apply to a warrant of distress issued under this section in Northern Ireland as it applies to a warrant referred to in [F4that paragraph].

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Amendments (Textual)

F1Words substituted by virtue of Fishery Limits Act 1976 (c. 86), s. 2(8)(d)

F2Word “arrestment” substituted for “poinding” (S.) by Debtors (Scotland) Act 1987 (c. 18, SIF 45:2), ss. 108(1)(2), Sch. 6 para. 13, Sch. 7 paras. 5, 9(1)

Modifications etc. (not altering text)

C1Ss. 11, 12 applied by Merchant Shipping Act 1988 (c.12, SIF 111), ss. 25(3), 58(4), Sch. 8 para. 1

S. 12 applied (21.3.1994) by 1993 c. 22, s. 5(9); S.I. 1993/3137, art. 3(1), Sch.1

S. 12 applied (1.1.1996) by 1995 c. 21 ss. 15(9), 316(2) (with s. 312(1))

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