PART 3Sea fisheries
Retention and disposal of property seized by BSFOs
I143Retention of property seized by British sea-fishery officers
1
This section applies to property—
a
seized by a British sea-fishery officer in the exercise of any power conferred by the sea fisheries legislation, other than an object seized under section 39, and
b
which was seized—
i
in the Scottish enforcement area, or
ii
on board a Scottish fishing boat.
2
The officer must deliver the property to the Scottish Ministers as soon as reasonably practicable.
3
Subsection (2) is subject to paragraph 13 of schedule 2.
4
The Scottish Ministers may retain the property.
5
If any of the grounds of release in subsection (6) applies, the Scottish Ministers must, as soon as is reasonably practicable, make the property available for collection.
6
The grounds of release are—
a
that a procurator fiscal has decided not to take proceedings in respect of any offence in relation to which the property was seized,
b
where a fixed penalty notice has been issued in respect of such an offence, that the appropriate fixed penalty has been paid,
c
that any proceedings taken in respect of such an offence have concluded without an order for forfeiture having been made in respect of the property.
7
Subsection (5) does not apply if the property is liable to forfeiture under section 46 or 47.