Foyle Fisheries Act (Northern Ireland) 1952

F1 [64 Procedure for disposal of boat or fishing engine seized. N.I.

[F2 Where a person seizes in Northern Ireland—

(i) any boat or fishing engine in exercise of powers conferred on him by this Part; or

(ii) any equipment in exercise of the power conferred by section 58(1)(ff),

he shall], as soon as may be, apply to a court of summary jurisdiction F3 ... for an order for its disposal under this section and thereupon the following provisions shall have effect:—

(a) if, in the case of a boat, the court finds that, at the time of its seizure, it [F4 had recently been], was being, or was about to be, used for a purpose which under this Act is unlawful, the court shall order it to be forfeited;

(b) if, in the case of a fishing engine, the court finds that it is one the use of which is prohibited by law, the court shall order it to be forfeited and destroyed;

(c) if, in the case of a fishing engine, the court finds that it is a lawful fishing engine which at the time of its seizure [F5 had recently been], was being or was about to be, unlawfully used in any part of the Foyle Area[F6 or the Carlingford Area], the court shall order it to be forfeited;

[F7 (cc) if, in the case of any equipment seized under section 58(1)(ff), the court finds that at the time of its seizure it had been, was being, or was about to be used to facilitate the unlawful taking of fish, the court shall order it to be forfeited;]

(d) in any other case, the court shall order the boat [F8 , fishing engine or equipment] to be returned to the person who appears to the court to be the owner thereof.]

F1 1962 c. 5 (NI)

F2 Words in s. 64 substituted (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 21(2)(a) (with art. 32); S.R. 2008/232, art. 2, Sch.

F3 Words in s. 64 repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 47(3), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

F4 Words in s. 64(a) substituted (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 21(2)(b) (with art. 32); S.R. 2008/232, art. 2, Sch.

F5 Words in s. 64(c) substituted (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 21(2)(b) (with art. 32); S.R. 2008/232, art. 2, Sch.

F6 SI 1999/859

F7 S. 64(cc) inserted (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 21(2)(c) (with art. 32); S.R. 2008/232, art. 2, Sch.

F8 Words in s. 64(d) substituted (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 21(2)(d) (with art. 32); S.R. 2008/232, art. 2, Sch.