The Sea Fishing (Restriction on Days at Sea) Order 2007

Recovery of fines

18.  Where a magistrates’ court imposes a fine on a person convicted under this Order or any equivalent provision, the court may—

(a) issue a warrant of distress against—

(i) the boat involved in the commission of the offence;

(ii) its gear and catch; and

(iii) any property of the person convicted,

for the purpose of levying the amount of the fine; and

(b) order that the boat and its gear and catch be detained until—

(i) the expiry of a period not exceeding three months from the date of the conviction;

(ii) the fine is paid; or

(iii) the amount of the fine is levied in pursuance of any such warrant,

whichever occurs first.

(2) Subsection 1 of section 77 (postponement of issue of warrant) and section 78 (defect in distress warrant and irregularity in its execution) of the Magistrates’ Courts Act 1980(1) apply to a warrant of distress issued under this article 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 any offence under this Order or any equivalent provision, an order under article 95 of the Magistrates’ Courts (Northern Ireland) Order 1981(2) or section 222 of the Criminal Procedure (Scotland) Act 1995(3) (both of which deal with transfer of fines from one jurisdiction to another) specifies a petty sessions area in England, this article applies as if the fine were imposed by a court within that petty sessions area.

(1)

1980 c.43; section 78 was amended by the Courts Act 2003 (c.39), section 109(1) and Schedule 8 paragraph 219(a).

(2)

S.I. 1981/1675 (NI 26).

(3)

1995 c.46.