The Portsmouth International Port and Camber Harbour Revision Order 2025
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Change 1
45 Offences as to moorings
(1) A person commits an offence if they— (a) intentionally obstruct any person acting under the authority of the Council in setting out moorings; (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, renew or have in the port any mooring not provided under article 43 (power to lay moorings) or licensed under article 44 (power to licence moorings); or (d) without reasonable excuse cause or permit a vessel to be moored at a mooring, except a mooring provided under article 43 or licensed under article 44, 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 sub-paragraph (1)(c), the Council 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 sub-paragraph (1)(d), the Council 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 43, (ii) any unpaid licence fee payable under article 44, and (iii) the expenses of removal and disposal under this paragraph. (5) If the proceeds of sale under sub-paragraph (4)(b) are sufficient to allow the Council to recover all amounts permitted by sub-paragraph (4)(c), the Council must hold any surplus proceeds of sale on trust for the owner of the vessel. (6) If the proceeds of sale under sub-paragraph (4)(b) are insufficient to allow the Council to recover all amounts permitted by sub-paragraph (4)(c), or there is no sale of the vessel, the Council may recover the amounts referred to in sub-paragraph (4)(c) net of any proceeds of sale from the owner of the vessel as a debt. (7) The Council must not exercise its power to remove a vessel under paragraph (4) unless— (a) it has given to 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 sub-paragraph (7)(b) applies, the Council must notify the owner of the vessel that it has removed the vessel as soon as reasonably practicable afterwards. (9) In articles 43 to 45 “mooring” includes any buoy, pile, post, chain, pillar, pontoon or like apparatus or convenience used or capable of being used for the mooring of vessels.
45 Offences as to moorings
(1) A person commits an offence if they— (a) intentionally obstruct any person acting under the authority of the Council in setting out moorings; (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, renew or have in the port any mooring not provided under article 43 (power to lay moorings) or licensed under article 44 (power to licence moorings); or (d) without reasonable excuse cause or permit a vessel to be moored at a mooring, except a mooring provided under article 43 or licensed under article 44, 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 sub-paragraph (1)(c), the Council 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 sub-paragraph (1)(d), the Council 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 43, (ii) any unpaid licence fee payable under article 44, and (iii) the expenses of removal and disposal under this paragraph. (5) If the proceeds of sale under sub-paragraph (4)(b) are sufficient to allow the Council to recover all amounts permitted by sub-paragraph (4)(c), the Council must hold any surplus proceeds of sale on trust for the owner of the vessel. (6) If the proceeds of sale under sub-paragraph (4)(b) are insufficient to allow the Council to recover all amounts permitted by sub-paragraph (4)(c), or there is no sale of the vessel, the Council may recover the amounts referred to in sub-paragraph (4)(c) net of any proceeds of sale from the owner of the vessel as a debt. (7) The Council must not exercise its power to remove a vessel under paragraph (4) unless— (a) it has given to 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 sub-paragraph (7)(b) applies, the Council must notify the owner of the vessel that it has removed the vessel as soon as reasonably practicable afterwards. (9) In articles 43 to 45 “mooring” includes any buoy, pile, post, chain, pillar, pontoon or like apparatus or convenience used or capable of being used for the mooring of vessels.
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