PART 2HARBOUR REGULATION
Wrecks, obstructions and dangers
Protection of Crown interest in wrecks20
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.