[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 199

Appeal from refusal of Ministry to annul forfeiture in certain cases.

199.(1) Without prejudice to any right of appeal from a determination or order
of a court of summary jurisdiction, where any thing is forfeited under
this Act, a person who claims to be entitled to possession of that thing and
who is aggrieved by a refusal of the Ministry to return it to him under
section 198(1) may, upon giving to the Ministry and (in a case relating to
salmon or inland fisheries) to the Board, within fourteen days from

[(a)[the date of the conviction or court order by virtue of which that thing
was forfeited [, or

(b)the date of service on him of any notice which is served as mentioned in
subsection (1A) of section 198 or, where no such notice is served on him, the
date (or the last date, if more than one) of the publication of any notice
such as is mentioned in paragraph (b) of that subsection, whichever is the
later,]

[(i)]the use of that thing in any manner referred to in section 180, [195 or
197] was without his knowledge, connivance or consent; or

[(ii)]the contravention of this Act or of any statutory instrument made under
this Act by reason of which the forfeiture was incurred was inadvertent or was
of such a trivial or insignificant nature the that forfeiture should not be
upheld.

(2) On an appeal under this section, the Ministry and the Board shall be
entitled to appear, be heard and adduce evidence before the court.

(3) On an appeal under this section, the county court may, on being satisfied
as to either of the grounds mentioned in subsection (1), annul the forfeiture
and direct the return to the appellant of the thing forfeited.

[(4) A person shall not be entitled to appeal under this section against the
refusal of the Ministry to return to him any thing that has been forfeited
under this Act if that thing was forfeited by virtue of an order made by a
court under section 180 or 197 and he gave notice of appeal under section 144
of the Magistrates' Courts Act (Northern Ireland) 1964 against that order or
applied for a case stated under section 146 of that Act in connection with
it.]

© 1966 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/fai1966270/s199.html