Middle Level Act 2018

10 Stranded, grounded and sunken vessels and vehicles

(1) Whenever any vessel or vehicle is sunk in any waterway—

(a) the owner of the vessel or vehicle must as soon as may be—

(i) raise and remove it; and

(ii) remove any obstructions caused by the sinking and raising of the vessel or vehicle; and

(b) if the owner of the vessel or vehicle fails to comply with paragraph (a), the Commissioners may raise and remove the vessel or vehicle, and any such obstructions.

(2) Whenever any vessel is stranded or abandoned in any waterway the Commissioners may after serving not less than 14 days’ notice on the owner of the vessel, unless it is not practicable after reasonable inquiry to ascertain the name and address of the owner, raise and remove the vessel.

(3) Whenever any vessel is, without lawful authority, left or moored in any waterway the Commissioners may after serving not less than 28 days’ notice on the owner of the vessel, unless it is not practicable after reasonable inquiry to ascertain the name and address of the owner, raise and remove the vessel.

(4) Subsections (2) and (3) do not require notice to be served in the case of emergency.

(5) The Commissioners may recover from the owner of any vessel or vehicle to which subsection (1), (2) or (3) applies all expenses reasonably incurred by the Commissioners in respect of the raising, removal and storage of the vessel or vehicle or in raising, removing or storing any furniture, tackle and apparel from such vessel or vehicle or any goods, chattels and effects raised or removed from the vessel or vehicle, or in removing any obstructions.

(6) If any vessel or vehicle to which subsection (1), (2) or (3) applies is not within six weeks of its removal by the Commissioners proved to the reasonable satisfaction of the Commissioners to belong to any claimant, the vessel or vehicle (together with any furniture, tackle, apparel, goods, chattels and effects) shall vest in the Commissioners.

(7) If within six months of its removal, a claim is made to the vessel or vehicle by a person who subsequently proves to the reasonable satisfaction of the Commissioners that he is the owner of such vessel or vehicle, then the Commissioners must—

(a) if the vessel or vehicle is unsold, permit the owner to retake it together with any furniture, tackle, apparel, goods, chattels and effects belonging to such vessel or vehicle upon payment of the expenses referred to in subsection (5); or

(b) if the vessel or vehicle and such furniture, tackle, apparel, goods, chattels and effects have been sold, pay to such owner the amount of the proceeds of such sale after deducting those expenses, and where the proceeds are insufficient to reimburse the Commissioners those expenses, the deficiency may be recovered by the Commissioners from that person.

(8) For the purposes of this section―

• “owner” means—

  (a)

  in relation to any vessel or vehicle aground, sunk, stranded, abandoned, left or moored as described in subsection (1), (2) or (3), the owner of the vessel or vehicle at the time of its grounding, sinking, stranding, abandonment, leaving or mooring; and

  (b)

  in relation to a vessel any person registered or deemed to be registered with the Commissioners as the owner of the vessel under the provisions of section 6 or of any navigation byelaws is to be conclusively deemed to be the owner of such vessel;

• “vehicle” includes any part of a vehicle; and

• “vessel” includes any part of a vessel.

(9) For the purposes of this section, a vessel is left or moored without lawful authority if—

(a) navigation byelaws are in force requiring the vessel to be registered, and it is unregistered;

(b) the position or mooring of the vessel constitutes a trespass; or

(c) the vessel obstructs navigation in the waterways.

(10) This section does not limit the Commissioners’ ability at any time to move without notice a vessel if it is causing obstruction or is a source of danger, pursuant to any byelaws made under section 11 or under section 51 of the Middle Level Act 1874.