Marine and Coastal Access Act 2009

Prospective

Supplementary provision about forfeiture proceedingsE+W+S+N.I.

9Proceedings by virtue of this Schedule are civil proceedings and may be instituted—E+W+S+N.I.

(a)in the High Court, or

(b)in any magistrates' court in England or Wales.

10(1)In proceedings by virtue of this Schedule, the claimant or the claimant's solicitor must make an oath that, at the time of the seizure, the property was, or was to the best of that person's knowledge and belief, the property of the claimant.E+W+S+N.I.

(2)In proceedings by virtue of this Schedule instituted in the High Court—

(a)the court may require the claimant to give such security for the costs of the proceedings as may be determined by the court, and

(b)the claimant must comply with such a requirement.

(3)If a requirement of this paragraph is not complied with, the court must give judgment for the relevant authority.

11(1)In the case of proceedings by virtue of this Schedule instituted in a magistrates' court in England or Wales, either party may appeal against the decision of that court to the Crown Court.E+W+S+N.I.

(2)This paragraph does not affect any right to require the statement of a case for the opinion of the High Court.

12Where an appeal has been made (whether by case stated or otherwise) against the decision of the court in proceedings by virtue of this Schedule in relation to property, the property is to be left with the relevant authority pending the final determination of the matter.E+W+S+N.I.