The Poole Harbour Revision Order 2012

Protection of Crown interest in wrecks

20.—(1) Without prejudice to section 308(1) of the 1995 Act, the Commissioners must not exercise powers under section 252(2)(a) or (c) of that Act—

(a) in relation to any vessel sunk, stranded or abandoned by design by or under the orders of a person acting on behalf of Her Majesty or an officer or servant of the Crown acting in the course of duty as such;

(b) except with the consent of the Secretary of State, in relation to any vessel which, at the time when the vessel was sunk, stranded or abandoned—

(i) had been required to be placed at the disposal of Her Majesty or of a government department; and

(ii) was appropriated to the service, under the direction and control of the Secretary of State, of Her Majesty’s ships of war.

(2) The Secretary of State’s consent is not required under paragraph (1)(b) in cases of emergency.

(3) The Commissioners must exercise their functions under section 252(2)(c) and (d) in accordance with any direction issued to them by the receiver of wreck.

(4) If the Commissioners exercise their power under section 252(2)(c) to sell property on which customs or excise duties are payable—

(a) they must pay those duties; and

(b) they may recover such expenses from the proceeds of sale.

(5) The limitation on the powers of the Commissioners in paragraph (1) shall be disregarded for the purposes of section 253(1)(b) of the 1995 Act.