PART 5OPERATION OF SCHEDULED WORKS

Obstruction etc.

Arbitration in respect of removal of vessels

47.—(1) Any person served with a notice by the Agency under article 46(1) (removal of vessels) may, within 21 days of service of the notice, serve a counter-notice on the Agency disputing the notice and stating that—

(a)the vessel is not sunk, stranded, abandoned, or without lawful authority left or moored, in the river area; or

(b)there has been some informality, defect or error in, or in connection with, the notice.

(2) Any dispute under this article is to be determined in accordance with article 68 (arbitration).

(3) On the hearing of the dispute the arbitrator may confirm or set aside the notice.

(4) If and in so far as a dispute under this article is based on the ground of some informality, defect or error in, or in connection with, the notice, the arbitrator must dismiss the dispute if the arbitrator is satisfied that the informality, defect or error was not a material one.