Sea Pollution (Hazardous Substances) (Compensation) Act 2005

Recovery of fines etc. for certain offences.

25

25.—(1) The following provisions shall have effect in relation to the recovery of a fine for an offence under this Act committed by the owner or master of the ship concerned and the costs (if any) ordered to be paid in respect of proceedings for such offence:

( a) the court concerned shall fix a time within which such fine and costs (if any) are to be paid;

( b) where the ship concerned is detained under section 24(2) or (3) the court shall by order direct an inspector to further detain the ship at a specified place in the State until such fine and costs (if any) are paid, and the inspector shall comply with such order;

( c) where such fine and costs (if any) are not paid within the said time, such fine and costs may be recovered by the distress and sale of such ship, her equipment, furniture and apparel;

( d) the court shall order—

(i) the payment in whole or in part of any moneys given as security in accordance with subsection (4) of section 24 , or

(ii) the sale of any property real or personal given as security in accordance with the said subsection (4) and the payment in whole or in part of the proceeds of any such sale,

in satisfaction in whole or in part of such fine and costs (if any).

(2) Nothing in subsection (1) shall be construed as preventing a fine or costs to which that subsection applies being recovered from the defendant concerned by ordinary process of law.