The Port of Tyne Harbour Revision Order 2026
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Change 1
46 Offences as to moorings etc.
(1) A person commits an offence if they— (a) intentionally obstruct any person acting under the authority of the Authority in setting out moorings in the port; (b) intentionally and without lawful authority pull up or remove any mooring or any part of any mooring in the port; (c) place, lay down, maintain or renew in the port any mooring not provided under article 44 (power to lay moorings) or licensed under article 45 (licensing of moorings); (d) without reasonable excuse have in the port any mooring not provided under article 44 (power to lay moorings) or licensed under article 45 (licensing of moorings); or (e) without reasonable excuse cause or permit a vessel to be moored within the port at a mooring, except a mooring provided under article 44 or licensed under article 45, which the person or vessel concerned is entitled to use. (2) Any person who commits an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale. (3) If any person commits an offence under paragraph (1)(c) or (d), the Authority may remove the mooring in question and recover from that person the expenses incurred in doing so as a debt. (4) Subject to paragraph (7), if any person commits an offence under paragraph (1)(e), the Authority may— (a) remove the vessel, including any tackle with the vessel; (b) sell or otherwise dispose of the vessel and tackle; and (c) recover out of the proceeds of sale— (i) any unpaid charge payable under article 44, (ii) any unpaid licence fee payable under article 45, and (iii) the expenses of removal and disposal under this paragraph. (5) If the proceeds of sale under paragraph (4)(b) are sufficient to allow the Authority to recover all amounts permitted by paragraph (4)(c), the Authority must hold any surplus proceeds of sale on trust for the owner of the vessel. (6) If the proceeds of sale under paragraph (4)(b) are insufficient to allow the Authority to recover all amounts permitted by paragraph (4)(c), or there is no sale of the vessel, the Authority may recover the amounts referred to in paragraph (4)(c) net of any proceeds of sale from the owner of the vessel as a debt. (7) The Authority must not exercise its power to remove a vessel under paragraph (4) unless— (a) it has served on the owner of the vessel seven clear days’ notice in writing of its intention to do so; or (b) it is an emergency. (8) Where paragraph (7)(b) applies, the Authority must notify the owner of the vessel that it has removed the vessel as soon as reasonably practicable afterwards.
46 Offences as to moorings etc.
(1) A person commits an offence if they— (a) intentionally obstruct any person acting under the authority of the Authority in setting out moorings in the port; (b) intentionally and without lawful authority pull up or remove any mooring or any part of any mooring in the port; (c) place, lay down, maintain or renew in the port any mooring not provided under article 44 (power to lay moorings) or licensed under article 45 (licensing of moorings); (d) without reasonable excuse have in the port any mooring not provided under article 44 (power to lay moorings) or licensed under article 45 (licensing of moorings); or (e) without reasonable excuse cause or permit a vessel to be moored within the port at a mooring, except a mooring provided under article 44 or licensed under article 45, which the person or vessel concerned is entitled to use. (2) Any person who commits an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale. (3) If any person commits an offence under paragraph (1)(c) or (d), the Authority may remove the mooring in question and recover from that person the expenses incurred in doing so as a debt. (4) Subject to paragraph (7), if any person commits an offence under paragraph (1)(e), the Authority may— (a) remove the vessel, including any tackle with the vessel; (b) sell or otherwise dispose of the vessel and tackle; and (c) recover out of the proceeds of sale— (i) any unpaid charge payable under article 44, (ii) any unpaid licence fee payable under article 45, and (iii) the expenses of removal and disposal under this paragraph. (5) If the proceeds of sale under paragraph (4)(b) are sufficient to allow the Authority to recover all amounts permitted by paragraph (4)(c), the Authority must hold any surplus proceeds of sale on trust for the owner of the vessel. (6) If the proceeds of sale under paragraph (4)(b) are insufficient to allow the Authority to recover all amounts permitted by paragraph (4)(c), or there is no sale of the vessel, the Authority may recover the amounts referred to in paragraph (4)(c) net of any proceeds of sale from the owner of the vessel as a debt. (7) The Authority must not exercise its power to remove a vessel under paragraph (4) unless— (a) it has served on the owner of the vessel seven clear days’ notice in writing of its intention to do so; or (b) it is an emergency. (8) Where paragraph (7)(b) applies, the Authority must notify the owner of the vessel that it has removed the vessel as soon as reasonably practicable afterwards.
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