Marine and Coastal Access Act 2009 (c. 23)

Part 8 U.K. Enforcement

Chapter 4 U.K. Fisheries enforcement powers

Detention of vessels in connection with court proceedings U.K.

279 Power to detain vessels in connection with court proceedings U.K.

(1) This section applies where—

(a) an enforcement officer has reasonable grounds for suspecting that a relevant offence has been committed by the master, owner or charterer of a vessel, and

(b) the officer reasonably believes that—

(i) if proceedings are taken against the person for the offence, there is a real risk that the person will not attend court unless the vessel is detained under this section, or

(ii) if the person is convicted of the offence and the court by or before which the person is convicted imposes a fine on that person, it is likely that the court will order the vessel to be detained.

(2) Where this section applies, an enforcement officer who has the power conferred by this section may—

(a) take, or arrange for another person to take, the vessel and its crew to the port which appears to the officer to be the nearest convenient port, or

(b) require any person who is for the time being in charge of the vessel to take it and its crew to that port.

(3) When a vessel has been taken to a port in pursuance of this section, the officer may—

(a) detain it there, or

(b) require the person for the time being in charge of it to do so.

(4) An enforcement officer who detains any vessel under this section must, if it is reasonably practicable to do so, serve a notice on—

(a) the owner of the vessel,

(b) the charterer (if any) of the vessel, and

(c) the person who is for the time being in charge of the vessel.

(5) The notice must state—

(a) the reasons for detaining the vessel;

(b) the circumstances in which the vessel may be released.

Commencement Information

I1 S. 279 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 22