Marine and Coastal Access Act 2009

273 Power of relevant authority to sell seized fish in its possession

(1) Any fish which are being retained by the relevant authority under section 271 may be sold by the authority.

(2) Any power which a court has to order the forfeiture of any fish may instead be exercised in relation to the proceeds of any sale of the fish under this section.

(3) Subject to subsection (6), the proceeds of any sale under this section may be retained by the relevant authority until such time as—

(a) a court exercises any power it has to order the forfeiture of the proceeds, or

(b) either of the grounds for release mentioned in subsection (4) applies.

(4) The grounds for release referred to in subsection (3) are—

(a) that the relevant authority has decided not to take proceedings in respect of any offence in relation to which the fish were seized;

(b) that any proceedings taken in respect of such an offence have concluded without any order for forfeiture having been made.

(5) If either of the grounds for release mentioned in subsection (4) applies, the relevant authority must, as soon as is reasonably practicable, release the proceeds of sale to any person who appears to the authority to have been the owner, or one of the owners, of the fish at the time of the seizure of the fish.

(6) If the proceeds of sale are still in the relevant authority’s possession after the end of the period of six months beginning with the date on which the fish were sold, the relevant authority may retain the proceeds and apply them in any manner it thinks fit.

The relevant authority may exercise its power under this subsection to retain and apply the proceeds of sale only if it is not practicable at the time when the power is exercised to dispose of the proceeds by releasing them immediately to the person to whom they are required to be released.

(7) Subject to subsection (9), any fish sold under this section must be sold at auction.

(8) Before selling the fish, the relevant authority must give the owner of the fish a reasonable opportunity to make representations as to the manner in which the fish are sold.

(9) If—

(a) the owner of the fish requests that the fish be sold—

(i) at a particular auction, or

(ii) by a method of sale other than auction,

and

(b) the relevant authority does not consider that it would be unreasonable to comply with that request,

the relevant authority must comply with the request when selling the fish.

(10) The relevant authority may deduct any reasonable expenses it has incurred in selling any fish under this section from the proceeds of the sale.

(11) In a case where there is more than one owner of the fish, subsection (9) applies only if the request is made by or on behalf of all of them.