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Part 8Enforcement

Chapter 4Fisheries enforcement powers

Seizure for purposes of forfeiture

274Disposal of property seized under section 268 or 269

(1)This section applies to any property seized under section 268 or 269 which the relevant authority—

(a)no longer wishes to retain for any purpose, or

(b)is required to make available for collection by virtue of section 271.

(2)In this section a “notice of collection” is a notice stating that—

(a)the property specified in the notice is available to be collected from the location so specified, and

(b)if the property is not collected before the end of the period of three months beginning with the date specified in the notice, the relevant authority will dispose of the property.

(3)The relevant authority must serve a notice of collection on every person who appears to the authority to be the owner, or one of the owners, of the property.

(4)The relevant authority may take any other steps it considers appropriate to notify every such person that the property is available to be collected.

(5)If the relevant authority, after taking reasonable steps to do so, is unable to identify any person as owning the property, the relevant authority must—

(a)if it is reasonably practicable to do so, serve a notice of collection on every person who is an appropriate person for the purposes of this subsection, and

(b)take such steps as it thinks fit to bring the information contained in the notice of collection to the attention of persons likely to be interested in it.

(6)For the purposes of subsection (5), the following persons are “appropriate persons”—

(a)in the case of property seized from a vessel, the master, owner and charterer (if any) of the vessel at the time of the seizure of the property;

(b)in the case of property seized from premises, every person who appears to the relevant authority to have been an occupier of the premises at that time;

(c)in any other case, the person (if any) from whom the property was seized.

(7)If the relevant authority complies with subsection (3) or subsection (5), as the case may be, the relevant authority may, at the end of the period mentioned in subsection (2)(b), dispose of the property in whatever way it thinks fit.