The Poole Harbour Revision Order 2012

Wrecks, obstructions and dangers

Powers with respect to disposal of wrecks

19.—(1) In its application to the Commissioners, section 252 of the 1995 Act has effect subject to the provisions of this article and article 20.

(2) Subject to paragraph (3), and to any enactment limiting liability of the owner, the Commissioners may recover from the owner of any vessel in relation to which they have exercised their powers under section 252 any expenses reasonably incurred by the Commissioners under that section in relation to that vessel which are not reimbursed out of the proceeds of sale (if any) within the meaning of that section.

(3) The Commissioners may recover expenses under paragraph (2) only if—

(a) the powers under section 252 were exercised in an emergency;

(b) before exercising powers under section 252(2)(a) or (c), the Commissioners—

(i) gave the owner not less than 48 hours’ notice of their intention to do so; and

(ii) did not receive within that period written notice of the owner’s intention to dispose of the vessel; or

(c) they exercised powers under section 252(2)(a) or (c) in the circumstances set out in paragraph (4) of this article.

(4) If the Commissioners receive a notice under paragraph (3)(b)(ii), they must not exercise powers under section 252(2)(a) or (c)—

(a) for seven days after receiving the counter-notice; and

(b) until they are satisfied that—

(i) the owner is not proceeding with the disposal with all reasonable diligence; or

(ii) the owner is not complying with directions given by the Commissioners for the purpose of preventing interference with navigation.

(5) In this article the expression “owner” in relation to any vessel means the present owner or, as the case may require, the person who was the owner of the vessel at the time of the sinking, stranding or abandonment of the vessel.

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.

Power to deal with abandoned vessels, etc.

21.—(1) The Commissioners may remove, sell, destroy or otherwise dispose of any vessel abandoned or neglected on the harbour premises or other land adjoining the waters of the harbour.

(2) The Commissioners may reimburse themselves out of the proceeds of sale of any such vessel, or any part of any such vessel, for any expenses incurred by them or the harbourmaster in respect of the vessel and must pay the surplus, if any, to the owner.

(3) If—

(a) the proceeds of sale under paragraph (1) are insufficient to allow the Commissioners to recover all amounts permitted by paragraph (2); or

(b) there is no sale of the vessel,

the Commissioners may recover the amounts referred to in paragraph (2) net of any proceeds of sale from the owner as a debt.

(4) Except in an emergency the Commissioners must not exercise their powers under paragraph (1) unless they have given to the owner 28 clear days’ notice in writing of their intention to do so and—

(a) in any case in which mooring or other fees are or have been payable to the Commissioners in respect of the vessel, such fees have not been paid; or

(b) in any case in which no such fees are payable but the presence of the vessel in the harbour is governed by terms and conditions agreed with the Commissioners, there is a substantial breach of the terms and conditions.

(5) Where, in an emergency, the Commissioners exercise their powers under paragraph (1) without notice, they must notify the owner that they have exercised their powers in relation to the vessel as soon as reasonably practicable afterwards.

Removal of obstructions other than vessels or wreck

22.—(1) Without prejudice to their powers under any other enactment the Commissioners may remove anything which is causing or likely to become an obstruction or impediment to the proper use of any part of the harbour, or is abandoned or left without lawful authority anywhere on the harbour premises, other than—

(i) a vessel; or

(ii) wreck within the meaning of Part IX of the 1995 Act; or

(iii) anything placed or constructed by any person under the provisions of any enactment, or of a consent or licence given or issued by the Commissioners.

(2) If anything removed by the Commissioners under paragraph (1) is known to the Commissioners to be, or is so marked as to be readily identifiable as, the property of any person, the Commissioners must within 28 days of its coming into their custody give notice to that person in accordance with paragraph (3).

(3) A notice is valid for the purposes of paragraph (2) only if it—

(a) specifies the thing removed;

(b) states that, upon proof of ownership to the reasonable satisfaction of the Commissioners, possession of the thing may be retaken at a place specified in the notice within the time to specified, being not less than 14 days after the date when the notice is served; and

(c) summarises the effect of paragraphs (4)(a), (5), (6) and (7) of this article.

(4) The Commissioners may sell or dispose of anything removed by them under paragraph (1)—

(a) where a notice is served under paragraph (2), at any time after the period specified in the notice;

(b) where no such notice is served, at any time after the expiry of a period of 14 days commencing with the date of the removal.

(5) Notwithstanding any other provision of this article, the Commissioners may, without notice, at such time and in such manner as they think fit, sell or dispose of anything which is of a perishable or obnoxious nature, or the custody of which involves unreasonable expense or inconvenience.

(6) Where the Commissioners sell anything in accordance with paragraph (4) or paragraph (5) they—

(a) may recover out of the proceeds of sale the expenses of removal and sale or disposal under this article; and

(b) must pay any surplus proceeds of sale to any person proving to the reasonable satisfaction of the Commissioners within 56 days of the date of the sale to be the owner of the thing at the time of the removal.

(7) If anything removed under this article—

(a) is sold by the Commissioners, and the proceeds of sale are insufficient to reimburse them for the amount of the expense incurred in the exercise of their powers of removal and sale; or

(b) is unsaleable;

the Commissioners may recover the deficiency or the whole of the expenses, as the case may be, from the person who was the owner when the thing removed came into the custody of the Commissioners, or who was the owner at the time of its abandonment or loss.

Removal of vehicles

23.—(1) If a vehicle is left without permission of the Commissioners—

(a) in any place where it is likely to obstruct or interfere with the use of the harbour; or

(b) in any part of the harbour premises where the parking of vehicles is prohibited by a sign displayed by the Commissioners; or

(c) in a parking place provided by the Commissioners within the harbour premises, for a longer period than 24 hours or such other period as may be specified in a sign displayed by the Commissioners;

the Commissioners may, at the risk of the owner, remove the vehicle or cause it to be removed.

(2) Any sign is validly displayed for the purposes of paragraph (1)(b) or (c) only if it is conspicuously displayed at or close to the place to which it relates.

(3) Where the Commissioners exercise the power of paragraph (1) they must inform the police as soon as practicable afterwards.

(4) The Commissioners may recover the expenses of and incidental to the exercise of the power of paragraph (1) from any person responsible.

(5) For the purposes of paragraph (4) “person responsible” means—

(a) the owner of the vehicle at the time when it was put in the place from which it was removed under paragraph (1), unless it is shown that the owner was not concerned in, and did not know of, it being put there; or

(b) any person who put the vehicle in that place.

(6) If the Commissioners in exercise of the power of paragraph (1) remove a vehicle to a place which is not readily visible from its original position, they must (unless the vehicle is not registered in the United Kingdom) give notice as soon as reasonably practicable afterwards to the person registered as the keeper of the vehicle for the purposes of regulations made under the Vehicle Excise and Registration Act 1994(1) at the registered address of that person stating—

(a) that the Commissioners have exercised the power in paragraph (1); and

(b) the place to which the vehicle has been removed.

(7) The Commissioners must display a sign stating the general effect of paragraph (1) in a prominent position at each place where a road accessible to vehicles enters any part of the harbour premises.

Immobilisation of vehicles illegally parked

24.—(1) If a vehicle is left on the harbour premises in the circumstances within article 23(1) an authorised officer may—

(a) fix an immobilisation device to the vehicle while it remains in the place in which the officer finds it; or

(b) move it from that place to another place on the harbour premises and fix an immobilisation device to it in that other place.

(2) The power under paragraph (1) is validly exercised only if—

(a) the notices required by paragraph (8) were on display when the vehicle was left on the harbour premises; and

(b) the authorised officer affixes to the vehicle a notice—

(i) indicating that such a device has been fixed to the vehicle and warning that no attempt should be made to drive it or otherwise put it in motion until it has been released from that device; and

(ii) specifying the steps to be taken in order to secure its release, including any charge payable.

(3) A vehicle to which an immobilisation device has been fixed in accordance with this article may only be released from that device by or under the direction of an authorised officer.

(4) The Commissioners must ensure that a vehicle to which an immobilisation device has been fixed in accordance with paragraph (1) is released from that device when the steps specified in accordance with paragraph (2)(b)(ii) have been taken.

(5) Any person who, without being authorised to do so in accordance with paragraph (3), removes or attempts to remove an immobilisation device fixed to a vehicle in accordance with this article is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(6) Where a vehicle is moved in accordance with this article before an immobilisation device is fixed to it, any power of removal under article 23 which was exercisable in respect of that vehicle immediately before it was so moved shall continue to be exercisable while the vehicle remains in the place to which it was so moved.

(7) In this article “immobilisation device” means any device or appliance which is approved as an immobilisation device for the purposes of section 104 of the Road Traffic Regulation Act 1984(2).

(8) The Commissioners must cause a notice stating the general effect of paragraph (1) to be displayed in a prominent position at each place where a road accessible to vehicles enters any part of the harbour premises.

Power to remove goods

25.—(1) If any goods are left on or in any part of the harbour premises the Commissioners may give notice that the goods must be removed within a specified period (which must not be less than six hours)—

(a) where reasonably practicable, to the owner of the goods in person;

(b) otherwise, by affixing a written notice to the goods.

(2) Upon the expiry of the notice, the Commissioners may cause the goods to be removed to a warehouse or store; and such removal shall be carried out at the expense and risk of the owner.

(3) Notwithstanding such removal on behalf of the Commissioners, the goods shall be subject to a lien for the cost of removal, and for any charges payable to the Commissioners by the owner in respect of the goods.

(4) The Commissioners may, if they think fit, after giving seven days’ notice to the owner of the goods, and shall if so required by the owner of the goods, sell or otherwise dispose of the goods, in such manner as they think fit and reimburse themselves out of the proceeds of sale, and the Commissioners shall hold any surplus of such proceeds on trust for the person entitled to the proceeds.

(5) In this article, “goods” includes vehicles which are being exported or imported through the harbour.

Lights detrimental to navigation

26.—(1) The Commissioners may by notice require a person placing or using in or near the waters of the harbour a light which is likely to mislead persons navigating in those waters or to interfere with the safe navigation of vessels—

(a) within a reasonable time specified in the notice, at the option of the recipient of the notice—

(i) to screen or alter the light so that it ceases to be likely to mislead persons, or to interfere with the safe navigation of vessels, or

(ii) to extinguish or remove the light; and

(b) not to use the light except as so screened or altered or, as the case may be, not to use or replace the light; and

(c) to consult with the Commissioners before placing or using another light in lieu of the light to which the notice relates.

(2) A person who fails to comply with a notice given under this article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(3) It is a defence for a person charged with an offence under this article to prove that compliance with the notice would involve the contravention by any person of any enactment.

(4) Nothing in this article shall apply to any light displayed in accordance with any direction given by the Secretary of State.

(1)

1994 c.22.

(2)

1984 c.27.