FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 198 Disposal of forfeitures.

	[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here: BAILII >> Databases >> Northern Irish Legislation >> FISHERIES ACT (NORTHERN IRELAND) 1966

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 198

Disposal of forfeitures.

198.(1) Where any thing is forfeited under this Act, [and an order for its
destruction is not made under section 180(b), the person by whom it was seized
or any other person in whose custody it is shall before the expiration of a
period of fourteen days from the date of the order by, or the conviction in
consequence of, which it was forfeited apply to the Ministry for a direction
as to the disposal of that thing, and whether or not such an application is
made the Ministry may direct], subject to section 199, that it be sold or
otherwise disposed of in such manner as the Ministry thinks fit, or be
returned to the person who appears to the Ministry to be the owner.

[(1A) Where the Ministry proposes to direct that any thing be sold under
subsection (1) or otherwise disposed of (except by returning it to a person
who appears to be its owner), the Ministry shall serve notice in writing of
the proposal on the person, if any, in consequence of whose conviction the
thing was, or was ordered to be, forfeited, and shall also

(a)serve a like notice on any other person who appears to the Ministry to have
an interest in that thing; or

(b)if that thing appears not to be the property of the person convicted, if
any, and the Ministry is not aware of the name and address of any other person
such as is mentioned in paragraph (a), publish in one or more than one
newspaper circulating in the locality where the offence was committed, or in
such other locality as appears to the Ministry to be appropriate, a notice
stating that the Ministry proposes to direct as aforesaid.]

(2) Subject to any directions given by the court on an appeal under
section 199, any sum of money representing the net proceeds of the sale under
subsection (1) of any thing, shall be disposed of in like manner as is
provided with respect to any fine that is or might have been imposed under
this Act for the offence in relation to which the forfeiture was incurred.

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/fai1966270/s198.html

Northern Irish Legislation

FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 198