The Portsmouth International Port and Camber Harbour Revision Order 2025
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Change 1
53 Power to deal with unserviceable vessels
(1) In addition to the powers conferred on the harbour master by section 57 of the 1847 Act (unserviceable vessels to be altogether removed from harbour) and on the Council by section 252 of the 1995 Act (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 port or immediately adjoining the port. (2) The Council may retain out of the proceeds of sale of such vessel any expenses 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 reasonable expenses incurred by the harbour master under section 57 of the 1847 Act, and must pay any surplus to the person entitled to that surplus. (3) If the proceeds of the sale are insufficient to reimburse the Council for the expenses listed in paragraph (2), 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 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. (5) A notice under paragraph (4) must be served in the same manner set out in paragraph (6) of article 52 (power with respect to disposal of wrecks).
53 Power to deal with unserviceable vessels
(1) In addition to the powers conferred on the harbour master by section 57 of the 1847 Act (unserviceable vessels to be altogether removed from harbour) and on the Council by section 252 of the 1995 Act (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 port or immediately adjoining the port. (2) The Council may retain out of the proceeds of sale of such vessel any expenses 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 reasonable expenses incurred by the harbour master under section 57 of the 1847 Act, and must pay any surplus to the person entitled to that surplus. (3) If the proceeds of the sale are insufficient to reimburse the Council for the expenses listed in paragraph (2), 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 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. (5) A notice under paragraph (4) must be served in the same manner set out in paragraph (6) of article 52 (power with respect to disposal of wrecks).
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