Recovery of fines.
5
1
Where a fine is imposed by a magistrates’ court in England and Wales or Northern Ireland on the master, owner or charterer or a member of the crew of a fishing boat who is convicted by the court of an offence under section 1 or 4 of this Act, the court may—
a
issue a warrant of distress against the boat and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Where a fine is imposed by a sheriff in Scotland on the master, owner or charterer or a member of the crew of a fishing boat who is convicted by the sheriff of an offence under section 1 or 4 of this Act, the sheriff may—
a
issue a warrant for the arrestment and sale of the boat and its gear and catch and any property of the person convicted; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid, whichever occurs first.
3
Sections 77(1) and 78 of the Magistrates’ Courts Act 1980 (postponement of issue of, and defects in, warrants), as they apply to warrants of the kinds mentioned there, shall apply to a warrant of distress issued under this section in England and Wales ....
4
Article 114(2) of the Magistrates’ Courts (Northern Ireland) Order 1981 (postponement of issue of certain warrants) shall apply to a warrant of distress issued under this section in Northern Ireland as it applies to a warrant referred to in that paragraph.
Word substituted by Debtors (Scotland) Act 1987 (c. 18, SIF 45:2), s. 108(1)(2), Sch. 6 para. 24, Sch. 7 paras. 5, 9(1)
1980 c. 43.
S.I. 1981/1675 (N.I. 26).
Words in s. 5(3) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 67(a) (with s. 89); S.I. 2014/768, art. 2(1)(b)
Words in s. 5(3) repealed (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 67(b), Sch. 23 Pt. 3 (with s. 89); S.I. 2014/768, art. 2(1)(b)