Part VII Customs and Excise Control: Supplementary Provisions
Forfeiture of ships, etc. for certain offences
88C1 Forfeiture of ship, aircraft or vehicle constructed, etc. for concealing goods.
Where—
a
a ship is or has been F1in United Kingdom waters; or
b
an aircraft is or has been at any place, whether on land or on water, in the United Kingdom; or
c
while constructed, adapted, altered or fitted in any manner for the purpose of concealing goods, that ship, aircraft F7or other vehicle shall be liable to forfeiture.
89 Forfeiture of ship jettisoning cargo, etc.
1
If any part of the cargo of a ship is thrown overboard or is staved or destroyed to prevent seizure—
a
while the ship is F2in United Kingdom waters; or
b
where the ship, having been properly summoned to bring to by any vessel in the service of Her Majesty, fails so to do and chase is given, at any time during the chase,
the ship shall be liable to forfeiture.
2
For the purposes of this section a ship shall be deemed to have been properly summoned to bring to—
a
if the vessel making the summons did so by means of an international signal code or other recognised means and while flying her proper ensign; and
b
in the case of a ship which is not a British ship, if at the time when the summons was made the ship was F2in United Kingdom waters.
90 Forfeiture of ship F11, railway vehicle or aircraft unable to account for missing cargo.
Where a ship has been within the limits of any port F3in the United Kingdom or the Isle of Man, F8a railway vehicle has been within the limits of a railway customs area or an aircraft has been in the United Kingdom F3or the Isle of Man, with a cargo on board and a substantial part of that cargo is afterwards found F3in the United Kingdom to be missing, then, if the F9vehicle operator fails to account therefor to the satisfaction of the Commissioners, F10the ship, railway vehicle or aircraft shall be liable to forfeiture.
91 Ships failing to bring to.
1
If, save for just and sufficient cause, any ship which is liable to forfeiture or examination under or by virtue of any provision of the Customs and Excise Acts 1979 does not bring to when required to do so, the master of the ship shall be liable on summary conviction to a penalty of F4level 2 on the standard scale.
2
Where any ship liable to forfeiture or examination as aforesaid has failed to bring to when required to do so and chase has been given thereto by any vessel in the service of Her Majesty and, after the commander of that vessel has hoisted the proper ensign and caused a gun to be fired as a signal, the ship still fails to bring to, the ship may be fired upon.