F1Part 4AWorks detrimental to navigation

Annotations:
Amendments (Textual)
F1

Pt. 4A inserted (12.11.2009 for specified purposes, 6.4.2011 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 314(1), 324(1)(c), 324(1)(d); S.I. 2011/556, art. 3(2)(c)

Enforcement

82MInjunctions restraining breaches of section 82A(1)

1

Where the Secretary of State considers it necessary or expedient to restrain any actual or apprehended breach of section 82A(1), the Secretary of State may apply to the court for an injunction or, in Scotland, an interdict.

2

An application may be made whether or not the Secretary of State has exercised, or is proposing to exercise, any of the other powers under this Part.

3

On an application under subsection (1), the court may grant such an injunction or interdict as the court considers appropriate for the purpose of restraining the breach.

4

Rules of court may provide for an injunction or interdict to be issued against a person whose identity is unknown.

5

In this section “ the court ” means—

a

the High Court, or

b

in Scotland, the Court of Session.