- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
13.—(1) Where a fine is imposed by a magistrates' court in England and Wales on the master, owner or charterer, of a fishing boat who is convicted by the court of an offence under this Order or any equivalent provision, the court may—
(a)issue a warrant of distress against the boat involved in the commission of the offence and its fishing gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
(b)order such boat and its gear and catch to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
(2) Sections 77(1) and 78 of the Magistrates' Courts Act 1980(1) (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England and Wales as they apply to a warrant of distress issued under Part III of that Act.
(3) Where, in relation to a fine in respect of an offence under this Order or any equivalent provision, an order under legislation extending to Scotland or Northern Ireland, reciprocally replicating the effect of an order under section 90 of the Magistrates' Courts Act 1980 (transfer of fines to Scotland and Northern Ireland) specifies a petty sessions area in England and Wales, the preceding provisions of this article shall apply as if the fine were imposed by a court within that petty sessions area.
1980, c. 43. Section 78 was amended by Criminal Justice Act 1982 (c. 48), sections 37 and 46, and section 90 was amended by the Criminal Justice and Public Order Act 1994 (c. 33), section 47(2).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: