Customs and Excise Management Act 1979

142 Special provision as to forfeiture of larger ships

(1) Notwithstanding any other provision of the Customs and Excise Acts 1979, a ship of 250 or more tons register shall not be liable to forfeiture under or by virtue of any provision of the Customs and Excise Acts 1979, except under section 88 above, unless the offence in respect of or in connection with which the forfeiture is claimed—

(a) was substantially the object of the voyage during which the offence was committed ; or

(b) was committed while the ship was under chase by a vessel in the service of Her Majesty after failing to bring to when properly summoned to do so by that vessel.

(2) For the purposes of this section, a ship shall be deemed to have been properly summoned to bring to—

(a) if the vessel making the summons did so by means of an international signal code or other recognised means and while flying her proper ensign ; and

(b) in the case of a ship which is not a British ship, if at the time when the summons was made the ship was within 3 nautical miles of the coast of the United Kingdom.

(3) For the purposes of this section, all hovercraft (of whatever size) shall be treated as ships of less than 250 tons register.

(4) The exemption from forfeiture of any ship under this section shall not affect any liability to forfeiture of goods carried therein.