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.