Marine and Coastal Access Act 2009

Power to destroy fish before condemnation, etc U.K.

18 (1) The relevant authority may destroy any fish liable to be treated or condemned as forfeited under this Schedule, even if such fish have not yet been so treated or condemned. U.K.

(2) If in proceedings under this Schedule the court is not satisfied that any fish destroyed under this paragraph were forfeitable property, the relevant authority must, if requested to do so, pay to the claimant a sum of money equal to the market value of the fish at the time of seizure.

(3) A claimant who accepts any sum of money paid under sub-paragraph (2) is not entitled to maintain any action on account of the seizure, detention or destruction of the fish.

(4) For the purposes of sub-paragraph (2), the market value of any fish at the time of seizure is to be taken to be such amount as the relevant authority and the claimant may agree or, in default of agreement, as may be determined by a referee appointed by the court.

(5) The procedure on any reference to a referee under sub-paragraph (4) is to be such as may be determined by the referee.

(6) The referee's decision is final and conclusive.

Commencement Information

I1 Sch. 18 para. 18 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 22