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The Sea Fishing (Restriction on Days at Sea) Order (Northern Ireland) 2003

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Recovery of fines

13.—(1) Where a fine is imposed by a magistrates' court in Northern Ireland on the master, owner or charterer, of a fishing boat who is convicted by the court of an offence under this Order or any equivalent provision, the court may –

(a)issue a warrant of distress against the boat involved in the commission of the offence and its fishing gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and

(b)order such boat and its gear and catch 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) Articles 114(2) and 154 of the Magistrates Courts (Northern Ireland) Order 1981(1) (postponement of issue of certain warrants and objections as to want of form or variance between complaint etc. and evidence adduced) shall apply to a warrant of distress issued under this Article in Northern Ireland as they apply to a warrant referred to in those Articles of that order.

(3) Where, in relation to a fine in respect of an offence under this Order or any equivalent provision, an order under legislation extending to England, Scotland or Wales, reciprocally replicating the effect of an order under Article 95 of the Magistrates Courts (Northern Ireland) Order 1981 specifies a petty sessions district in Northern Ireland, the preceding provisions of this Article shall apply as if the fine were imposed by a court within that petty sessions district.

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