Coast Protection Act 1949

36 Enforcement of s. 34. E+W+S

(1) Any person who—

(a) carries out any operation in contravention of the provisions of subsection (1) of section thirty-four of this Act, or

(b) fails to comply with any condition subject to which any consent of the [F1 Board of Trade] has been given under that section,

shall be guilty of an offence under this Act.

[F2 (1A) Where a person is bound by any condition subject to which any such consent has been given under that section but is not the person to whom the consent was given, then, for the purposes of subsection (1) of this section, he shall not be taken to have failed to comply with the condition unless—

(a) he has been served by the Secretary of State with a notice requiring him to comply with the condition within such period (not being less than thirty days) as may be specified in the notice; and

(b) he has failed to comply with the condition within that period]

(2) Without prejudice to any proceedings under [F3 subsection (1) of this section], where any person has constructed, altered or improved any works or deposited any object or materials on the seashore in contravention of the said section thirty-four or has failed to comply with any condition subject to which any consent of the [F1 Board of Trade] has been given under that section, the [F1 Board of Trade] may serve a notice on that person requiring him, within such period (not being less than thirty days) as may be specified in the notice, to remove the works or to make such alterations therein as may be so specified or to remove the object or materials, as the case may be, or, if it appears to the [F1 Board of Trade] urgently necessary so to do, may [F1 themselves] remove or alter the works or remove the object or materials.

(3) If within the period specified in any notice under the last foregoing subsection the person upon whom the notice is served fails to comply therewith, the [F1 Board of Trade] may [F1 themselves] remove or alter the works or remove the object or materials as specified in the notice.

(4) Where under either of the two last foregoing subsections the [F1 Board of Trade themselves remove or alter] any works or removes any object or materials, [F1 they] shall be entitled to recover the expense thereof, as certified by [F1 them] from the person [F4 on whom the notice was served under subsection (2) of this section or (if no such notice was served) from the person] by whom the works were constructed, altered or improved, or the object or materials was or were deposited.

(5) A harbour authority in England or Wales shall have power to enforce the provisions of section thirty-four of this Act.

Textual Amendments

F1 Words substituted by virtue of S.I. 1965/145. Powers of Board of Trade exercisable concurrently by Secretary of State: S.I. 1970/1537

F2 S. 36(1A) inserted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 36(5)(a), Sch. 8 para. 1

F3 Words substituted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 36(5)(b), Sch. 8 para. 1

F4 Words inserted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 36(5)(c), Sch. 8 para. 1

Modifications etc. (not altering text)

C1 S. 36 saved (25.7.1991) by Highland Regional Council (Harbours) Order Confirmation Act 1991 (c. xii), s. 1, Sch., s. 61(1)(e)

C2 S. 36(1)(b by S.I. 1983/1127, art. 2(4) it is directed that the civil aviation and shipping functions of the Board of Trade which at 11.8.1983 were exercisable concurrently with any other Minister of the Crown should cease to be exercisable by the Board of Trade

C3 S. 36(2)(3) by S.I. 1983/1127, art. 2(4) it is directed that the civil aviation and shipping functions of the Board of Trade which at 11.8.1983 were exercisable concurrently with any other Minister of the Crown should cease to be exercisable by the Board of Trade

C4 S. 36(4) by S.I. 1983/1127, art. 2(4) it is directed that the civil aviation and shipping functions of the Board of Trade which at 11.8.1983 were exercisable concurrently with any other Minister of the Crown should cease to be exercisable by the Board of Trade