Application of schedule
1This schedule applies where—
(a)property seized by a British sea-fishery officer in the exercise of any power conferred by the sea fisheries legislation is being retained by the Scottish Ministers,
(b)the Scottish Ministers are satisfied that there are reasonable grounds for believing that the property is liable to forfeiture under section 46 or 47, and
(c)any of the following applies—
(i)a procurator fiscal has decided not to take proceedings against any person in respect of any offence in relation to the property,
(ii)where a fixed penalty notice has been issued in respect of such an offence, the appropriate fixed penalty has been paid, or
(iii)any proceedings taken in respect of such an offence have concluded without an order for forfeiture having been made in respect of the property.