Part 8

Enforcement
Chapter 4

Fisheries enforcement powers

Detention of vessels in connection with court proceedings

Release of vessels detained under section 279
280
1
This section applies where a vessel is being detained under section 279.
2
The vessel ceases to be detained under that section if one of the following things occurs—
a
the notice of detention is withdrawn;
b
the court orders the release of the vessel under section 281;
c
any proceedings taken against the master, owner or charterer of the vessel have concluded;
d
the court referred to in section 279(1)(b)(ii) exercises any power it has to order the vessel to be detained.
3
A notice of detention may be withdrawn by service of a further notice signed by an appropriate enforcement officer.
4
In subsection (3) the reference to an appropriate enforcement officer is a reference to any enforcement officer acting on behalf of the same relevant authority as the enforcement officer who served the notice of detention, and includes a reference to that officer.
5
If any of the grounds for release mentioned in subsection (6) applies, then any notice of detention must be withdrawn as soon as possible.
6
The grounds for release referred to in subsection (5) are—
a
that the relevant authority has decided not to take proceedings against the master, owner or charterer of the vessel;
b
that there are no grounds for believing that any person referred to in paragraph (a) against whom proceedings have been, or may be, taken will fail to attend court;
c
that there are no grounds for believing that the court referred to in section 279(1)(b)(ii) will order the vessel to be detained.
7
In this section “notice of detention” means a notice served under section 279(4).
S. 280 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 22