6.—(1) Where a fine is imposed by a magistrates' court on the master, owner, charterer, person responsible for the fishing boat or any other person who is convicted by the court of a relevant offence or an offence under article 9 of this Order, the court may for the purpose of levying the amount of the fine–
(a)issue a warrant of distress against the boat involved in the commission of the offence and its gear and catch and any property of the person convicted; or
(b)order the boat 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 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 a relevant offence a transfer of fine order under F1... , Article 95 of the Magistrates' Courts (Northern Ireland) Order 1981(2) or section 222 of the Criminal Procedure (Scotland) Act 1995(3) specifies a petty sessions area in Wales this article shall apply as if the fine were imposed by a court within that petty sessions area.
Textual Amendments
F1Words in art. 6(3) omitted (1.4.2002) by virtue of The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Wales) Order 2000 Amendment Regulations 2002 (S.I. 2002/677), art. 7, reg. 1(1)
Commencement Information
I1Art. 6 in force at 7.4.2000, see art. 1(1)