The Cornwall Harbours Harbour Revision Order 2023
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Change 1
61 Power to deal with unserviceable vessels
(1) In addition to the powers conferred on the harbour master by section 57 of the Act of 1847 (unserviceable vessels to be altogether removed from the harbour) and on the Council by section 252 of the Act of 1995 (powers of harbour and conservancy authorities in relation to wrecks) the Council may sell, break up or otherwise dispose of any vessel which is unserviceable and has been laid by or neglected in the harbours or on land immediately adjoining the harbours. (2) The Council may retain out of the proceeds of sale of such vessel, any expenses reasonably incurred by it in respect of the vessel, or in marking, buoying, lighting or otherwise controlling the vessel, or warning other persons or vessels of its presence and any expenses reasonably incurred by the harbour master under section 57 of the Act of 1847 (unserviceable vessels to be altogether removed from the harbour) and must pay the surplus, if any, to the person entitled to that surplus. (3) If the proceeds of the sale are insufficient to reimburse the Council for the said expenses, or there is no sale, the Council may recover the deficiency, or where there is no sale, the whole of the expenses, from the owner as a simple contract debt. (4) Except in the case of emergency, the Council must, before exercising its powers under this article, give 14 days’ notice in writing of its intention to do so to the registered owner of the vessel and by advertisement in each of two successive weeks in a local newspaper circulating in the area of the relevant harbour, provided that, if the registered owner or their place of business or address is not known to the Council or is outside of the United Kingdom, the notice may be given by displaying it at the relevant harbour office of the Council and electronically on the Council’s harbours website for two successive weeks.
61 Power to deal with unserviceable vessels
(1) In addition to the powers conferred on the harbour master by section 57 of the Act of 1847 (unserviceable vessels to be altogether removed from the harbour) and on the Council by section 252 of the Act of 1995 (powers of harbour and conservancy authorities in relation to wrecks) the Council may sell, break up or otherwise dispose of any vessel which is unserviceable and has been laid by or neglected in the harbours or on land immediately adjoining the harbours. (2) The Council may retain out of the proceeds of sale of such vessel, any expenses reasonably incurred by it in respect of the vessel, or in marking, buoying, lighting or otherwise controlling the vessel, or warning other persons or vessels of its presence and any expenses reasonably incurred by the harbour master under section 57 of the Act of 1847 (unserviceable vessels to be altogether removed from the harbour) and must pay the surplus, if any, to the person entitled to that surplus. (3) If the proceeds of the sale are insufficient to reimburse the Council for the said expenses, or there is no sale, the Council may recover the deficiency, or where there is no sale, the whole of the expenses, from the owner as a simple contract debt. (4) Except in the case of emergency, the Council must, before exercising its powers under this article, give 14 days’ notice in writing of its intention to do so to the registered owner of the vessel and by advertisement in each of two successive weeks in a local newspaper circulating in the area of the relevant harbour, provided that, if the registered owner or their place of business or address is not known to the Council or is outside of the United Kingdom, the notice may be given by displaying it at the relevant harbour office of the Council and electronically on the Council’s harbours website for two successive weeks.
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