Sea Pollution Act 1991

Collection and application of fines.

33

33. (1) Subject to subsection (3), all fines in respect of offences under this Act shall be paid into the Exchequer in accordance with such directions as may, from time to time, be given by the Minister for Finance.

(2) Where a fine imposed on the owner or master of a ship is not duly paid, the court may, without prejudice to any other powers for enforcing payment, direct that any amount of the fine remaining unpaid be levied by the distress and sale of such property, comprising the ship, its equipment and stores as the court thinks necessary.

(3) Where it appears to the court imposing a fine that any person has incurred, or will incur, expense in removing any pollution, or making good any damage attributable to the offence, the court may order that the whole of the fine, or such part thereof as may be specified in the order, be paid to that person for or towards defraying the expense.

Annotations:

Modifications (not altering text):

C8

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 27 of 1991

Sea Pollution Act 1991

Sections 6(1), 17(5) and 33(1)

...

...

...

Editorial Notes:

E221

Section applied with necessary modifications to Sea Pollution (Amendment) Act 1999 (1.09.1999) by Sea Pollution (Amendment) Act 1999 (18/1999), s. 17, S.I. No. 295 of 1999.