The Portsmouth International Port and Camber Harbour Revision Order 2025
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Change 1
52 Power with respect to disposal of wrecks
(1) In its application to the Council, section 252 of the 1995 Act (powers of harbour and conservancy authorities in relation to wrecks) has effect in relation to the port and the approaches to the port in relation to a vessel sunk, stranded or abandoned before, on or after the coming into force of this Order. (2) Subject to paragraph (3), and to any enactment in force limiting a person’s liability, the Council may recover from the owner of any vessel sunk, stranded or abandoned before, on or after the coming into force of this Order in relation to which it has exercised its powers under section 252 of the 1995 Act any expenses reasonably incurred by it under that section in relation to that vessel which are not reimbursed out of any proceeds of sale within the meaning of that section. (3) Except in a case which is in the opinion of the Council an emergency, paragraph (2) applies in relation to any vessel only if, before exercising the powers under section 252 of the 1995 Act in relation to that vessel, other than the power of lighting and buoying, the Council has given to the owner of the vessel not less than 48 hours’ notice of its intention to do so. (4) If, before the expiry of a notice served under paragraph (3), the Council receives a counter-notice in writing from the owner of the vessel stating they will dispose of the vessel themselves, the owner is at liberty to do so. (5) If a counter-notice is received in accordance with paragraph (4), the Council must not exercise the powers in section 252 of the 1995 Act in relation to that vessel until the expiration of seven days from the receipt of the counter-notice, and of any further continuous period thereafter during which the owner of the vessel proceeds with the disposal with all reasonable diligence, and in compliance with any directions for the prevention of interference with navigation which may be given to the owner by the Council or the harbour master. (6) A notice under paragraph (3) must be served by— (a) delivering it to the owner; (b) sending it to the owner by first class post at their registered office, last known place of business or home address in the United Kingdom; or (c) displaying the notice at the port office and electronically on the port website for the period of its duration, if the owner or any such registered office, place of business or home address is not known to the Council, or is not in the United Kingdom. (7) In this article, “owner”, in relation to any vessel, means the person who was the owner of the vessel at the time of the sinking, stranding or abandonment. (8) The powers conferred on the Council by this article are in addition to any other powers exercisable by it for or with respect to the removal of wrecks within the port and its approaches.
52 Power with respect to disposal of wrecks
(1) In its application to the Council, section 252 of the 1995 Act (powers of harbour and conservancy authorities in relation to wrecks) has effect in relation to the port and the approaches to the port in relation to a vessel sunk, stranded or abandoned before, on or after the coming into force of this Order. (2) Subject to paragraph (3), and to any enactment in force limiting a person’s liability, the Council may recover from the owner of any vessel sunk, stranded or abandoned before, on or after the coming into force of this Order in relation to which it has exercised its powers under section 252 of the 1995 Act any expenses reasonably incurred by it under that section in relation to that vessel which are not reimbursed out of any proceeds of sale within the meaning of that section. (3) Except in a case which is in the opinion of the Council an emergency, paragraph (2) applies in relation to any vessel only if, before exercising the powers under section 252 of the 1995 Act in relation to that vessel, other than the power of lighting and buoying, the Council has given to the owner of the vessel not less than 48 hours’ notice of its intention to do so. (4) If, before the expiry of a notice served under paragraph (3), the Council receives a counter-notice in writing from the owner of the vessel stating they will dispose of the vessel themselves, the owner is at liberty to do so. (5) If a counter-notice is received in accordance with paragraph (4), the Council must not exercise the powers in section 252 of the 1995 Act in relation to that vessel until the expiration of seven days from the receipt of the counter-notice, and of any further continuous period thereafter during which the owner of the vessel proceeds with the disposal with all reasonable diligence, and in compliance with any directions for the prevention of interference with navigation which may be given to the owner by the Council or the harbour master. (6) A notice under paragraph (3) must be served by— (a) delivering it to the owner; (b) sending it to the owner by first class post at their registered office, last known place of business or home address in the United Kingdom; or (c) displaying the notice at the port office and electronically on the port website for the period of its duration, if the owner or any such registered office, place of business or home address is not known to the Council, or is not in the United Kingdom. (7) In this article, “owner”, in relation to any vessel, means the person who was the owner of the vessel at the time of the sinking, stranding or abandonment. (8) The powers conferred on the Council by this article are in addition to any other powers exercisable by it for or with respect to the removal of wrecks within the port and its approaches.
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