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Aquaculture and Fisheries (Scotland) Act 2013

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This is the original version (as it was originally enacted).

8Power to detain wellboats in connection with court proceedings
Explanatory NotesShow EN

(1)This section applies where—

(a)a marine enforcement officer has reasonable grounds for suspecting that an offence under section 5(5) has been committed by the master, an owner or a charterer of a wellboat (referred to as “A”), and

(b)the officer reasonably believes that—

(i)if proceedings are taken against A for the offence, there is a real risk that A will not attend court unless the wellboat is detained under this section, or

(ii)if A is convicted of the offence and the court by or before which A is convicted imposes a fine on A, it is likely that the court will order the vessel to be detained.

(2)Where this section applies, a marine enforcement officer may—

(a)take, or arrange for another person to take, the wellboat and its crew to the port that appears to the officer to be the nearest convenient port, or

(b)require any person who is for the time being in charge of the wellboat to take it and its crew to that port.

(3)When the wellboat has been taken to port, the officer may—

(a)detain it there, or

(b)require the person for the time being in charge of it to do so.

(4)A marine enforcement officer who detains a wellboat under this section must, if it is reasonably practicable to do so, serve a notice on the person who is for the time being in charge of the wellboat.

(5)The notice must state—

(a)the reasons for detaining the wellboat, and

(b)the circumstances in which the wellboat may be released.

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