Marine and Coastal Access Act 2009

Application of Schedule

This section has no associated Explanatory Notes

1(1)This Schedule applies where—

(a)property seized by an enforcement officer in the exercise of any power conferred by this Act is in the possession of the relevant authority,

(b)the relevant authority is satisfied that there are reasonable grounds for believing that the property is forfeitable property, and

(c)either—

(i)no proceedings are being taken against any person in respect of the property, or

(ii)any such proceedings have concluded without any order for forfeiture having been made in respect of the property.

(2)The following property is “forfeitable property”—

(a)any item the use of which for sea fishing would in any circumstances constitute an offence under the law of England and Wales;

(b)any fish in respect of which, by virtue of the fish failing to meet requirements as to size, an offence under the law of England and Wales has been committed.