Marine and Coastal Access Act 2009

Notice of intended forfeiture U.K.

2 (1) The relevant authority must give notice of the intended forfeiture of the property (“notice of intended forfeiture”) to each of the following persons— U.K.

(a) every person who appears to the authority to have been the owner of the property, or one of its owners, at the time of the seizure of the property;

(b) in the case of property seized from a vessel, the master, owner and charterer (if any) of the vessel at that time;

(c) in the case of property seized from premises, every person who appears to the authority to have been an occupier of the premises at that time;

(d) in any other case, the person (if any) from whom the property was seized.

(2) The notice of intended forfeiture must set out—

(a) a description of the property,

(b) the grounds of the intended forfeiture, and

(c) how a person may give a notice of claim under this Schedule and the period within which such a notice must be given.

(3) In a case where—

(a) the property was seized following an inspection carried out in exercise of the power conferred by section 264, and

(b) the relevant authority, after taking reasonable steps to do so, is unable to identify any person as owning the property,

the reference in sub-paragraph (1) to a requirement to give notice of intended forfeiture to such a person is to be read as a reference to a requirement to take such steps as the authority thinks fit to bring the contents of the notice to the attention of persons likely to be interested in it.

(4) Property may be treated or condemned as forfeited under this Schedule only if—

(a) the requirements of this paragraph have been complied with in the case of the property, or

(b) it was not reasonably practicable for them to be complied with.

Commencement Information

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