The Portsmouth International Port and Camber Harbour Revision Order 2025
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Change 1
54 Removal of obstructions other than vessels
(1) The Council may remove anything, other than a vessel, causing or likely to become an obstruction to, or cause interference with, navigation in any part of the port or any approach to the port. (2) The Council may take such steps as appear to it to be appropriate to prevent or minimise such obstruction or interference for the purposes of paragraph (1). (3) If anything removed by the Council under paragraph (1) is marked as to be readily identifiable as the property of any person, the Council must, within 28 days of its coming into the Council’s custody, give notice in writing to that person stating that possession may be retaken at a place stated in the notice within the period specified in the notice, being not less than 14 days after the notice is served, provided— (a) proof of ownership is produced to the reasonable satisfaction of the Council; and (b) payment has been made in respect of any reasonable expenses incurred by the Council under this article. (4) Anything removed under paragraph (1) is deemed to vest in the Council if— (a) possession of it is not retaken by the owner by the end of the period specified in the notice under paragraph (3); or (b) paragraph (5) applies. (5) Notwithstanding the provisions of paragraph (3), the Council may, at such time and in such manner as it thinks fit, dispose of anything removed under paragraph (1)— (a) which is not marked as to be readily identifiable as the property of any person; or (b) which is of a perishable nature or the custody of which involves unreasonable expense or inconvenience. (6) If anything disposed of by the Council under this article is sold, the Council must place a notice at the port office and on the port website for a period of 28 days giving details of the property sold, and may retain out of the proceeds of sale any reasonable expenses incurred by it under this article (including in relation to storage), and any surplus from the proceeds— (a) must be paid to any person who within 24 months from the time when the property came into the custody of the Council proves to the reasonable satisfaction of the Council that they were the owner at that time; or (b) if no person proves their ownership in accordance with sub-paragraph (a), at the end of the 24 month period, is deemed to vest in the Council. (7) If the proceeds of sale of anything removed under this article are insufficient to reimburse the Council for the expenses set out in paragraph (6), or there is no sale because the thing is unsaleable, the Council may recover, as a debt, from the person who was the owner at the time when the thing removed came into the custody of the Council, or who was the owner at the time of its abandonment or loss— (a) the deficiency; or (b) where there is no sale, the whole of the expenses.
54 Removal of obstructions other than vessels
(1) The Council may remove anything, other than a vessel, causing or likely to become an obstruction to, or cause interference with, navigation in any part of the port or any approach to the port. (2) The Council may take such steps as appear to it to be appropriate to prevent or minimise such obstruction or interference for the purposes of paragraph (1). (3) If anything removed by the Council under paragraph (1) is marked as to be readily identifiable as the property of any person, the Council must, within 28 days of its coming into the Council’s custody, give notice in writing to that person stating that possession may be retaken at a place stated in the notice within the period specified in the notice, being not less than 14 days after the notice is served, provided— (a) proof of ownership is produced to the reasonable satisfaction of the Council; and (b) payment has been made in respect of any reasonable expenses incurred by the Council under this article. (4) Anything removed under paragraph (1) is deemed to vest in the Council if— (a) possession of it is not retaken by the owner by the end of the period specified in the notice under paragraph (3); or (b) paragraph (5) applies. (5) Notwithstanding the provisions of paragraph (3), the Council may, at such time and in such manner as it thinks fit, dispose of anything removed under paragraph (1)— (a) which is not marked as to be readily identifiable as the property of any person; or (b) which is of a perishable nature or the custody of which involves unreasonable expense or inconvenience. (6) If anything disposed of by the Council under this article is sold, the Council must place a notice at the port office and on the port website for a period of 28 days giving details of the property sold, and may retain out of the proceeds of sale any reasonable expenses incurred by it under this article (including in relation to storage), and any surplus from the proceeds— (a) must be paid to any person who within 24 months from the time when the property came into the custody of the Council proves to the reasonable satisfaction of the Council that they were the owner at that time; or (b) if no person proves their ownership in accordance with sub-paragraph (a), at the end of the 24 month period, is deemed to vest in the Council. (7) If the proceeds of sale of anything removed under this article are insufficient to reimburse the Council for the expenses set out in paragraph (6), or there is no sale because the thing is unsaleable, the Council may recover, as a debt, from the person who was the owner at the time when the thing removed came into the custody of the Council, or who was the owner at the time of its abandonment or loss— (a) the deficiency; or (b) where there is no sale, the whole of the expenses.
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