The Barking Barrage Order 1995

Removal of vessels

37.—(1) Whenever any vessel is sunk, stranded or abandoned in the upstream river, or without lawful authority left or moored therein, the Borough may after giving (except in an emergency) not less than 3 months' notice to the owner or master of the vessel (unless it is not practicable after reasonable inquiry to ascertain the name and address of the owner or master), raise, remove or otherwise dispose of the vessel:

• Provided that—

  (a)

  the above-mentioned power shall not be exercisable by the Borough (subject to article 40)—

  (i)

  if it is within the powers of the Port Authority to deal with such vessel and the Port Authority decide to do so; and

  (ii)

  if the Borough, having given not less than one month’s notice to the Port Authority, is informed by the Port Authority within that time that the Port Authority intends to act and it does act within a reasonable time thereafter; and

  (b)

  where a vessel is left or moored adjoining riparian property the Borough shall give not less than one month’s notice to the owner and/or occupier of that property enabling such owner or occupier to make representations to the Borough as to the proposed raising, removal or disposal of the vessel.

(2) The Borough may recover from the owner or master of any such vessel all expenses reasonably incurred by the Borough in respect of the raising, removal, storage or disposal thereof or in raising, removing, storing or disposal of any furniture, tackle and apparel thereof or any goods, chattels and effects raised or removed therefrom.

(3) Subject to paragraph (4), if any vessel to which paragraph (1) applies be not within 6 weeks of its removal by the Borough proved to the satisfaction of the Borough to belong to any claimant, it shall together with any such furniture, tackle and apparel vest in the Borough.

(4) If within 12 months of its removal a claim is made to the vessel by a person who subsequently proves to the satisfaction of the Borough that he was the owner or master thereof, or has become the owner or master since the vessel was sunk, stranded, abandoned, left or moored as mentioned in paragraph (1) then the Borough shall—

(a) if the vessel is unsold, permit that person to retake it with any furniture, tackle, apparel, goods, chattels and effects thereon upon payment of the expenses referred to in paragraph (2); or

(b) if the vessel and the furniture, tackle and apparel thereon have been sold, pay to that person the amount of the proceeds of such sale after deducting the said expenses, and in case such proceeds shall be insufficient to reimburse the Borough such expenses the deficiency may be recovered from that person by the Borough.

(5) In this article, unless the context otherwise requires—

• “owner” in relation to any vessel sunk, stranded, abandoned, left or moored as aforesaid means the owner of the vessel at the time of the sinking, stranding, abandonment, leaving or mooring thereof; and

• “vessel” includes any part of a vessel.