Merchant Shipping (Salvage and Wreck) Act, 1993
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Disposal of things seized. |
61.—(1) Where any thing has been seized by a member of the Garda Síochána pursuant to subparagraph (i) or (ii) of paragraph (c) of subsection (1) of section 10 , or to paragraph (d) of subsection (2) of section 57 , the receiver of wreck concerned may apply to a Peace Commissioner for a direction that the thing so seized be delivered to that receiver for retention or disposal in accordance with Part IV . | |
(2) Where a direction is given under subsection (1), the receiver of wreck concerned shall give notice of the making of the direction to the owner and such other persons (if any) in such manner as the Peace Commissioner may direct. | ||
(3) Any person who is aggrieved by a direction under subsection (1) may, not later than 7 days after notice of the making of the direction is given in accordance with subsection (2), or such longer period as the Peace Commissioner may direct, appeal to a Judge of the District Court against the direction and in determining the appeal the Judge may— | ||
(a) if satisfied that the direction was properly given and that, having regard to the circumstances of the case, the direction should be confirmed in respect of some or all of the things seized, confirm the direction to that extent, | ||
(b) if not so satisfied, annul the direction or annul the direction to the extent that the Judge is not so satisfied. | ||
(4) (a) Where no appeal has been made within the appropriate period, the direction shall have effect upon the expiration of that period, or | ||
(b) where an appeal is taken to the District Court under subsection (3), the order shall, if the District Court confirms the direction, have effect to such extent and at such time as that court determines. |