Article 15 Offences as to moorings etc.

(1)

A person is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale if that person—

(a)

intentionally obstructs any person acting under the authority of the Commissioners in setting out moorings in the harbour;

(b)

intentionally and without lawful authority pulls up or removes any mooring or any part of any mooring in the harbour;

(c)

places, lays downs, maintains, retains or renews any mooring not provided under article 13 (power to lay moorings) or licensed under article 14 (licensing of moorings);

(d)

without reasonable excuse causes or permits a vessel to be moored in the harbour except at a mooring provided under article 13 (power to lay moorings) or licensed under article 14 (licensing of moorings) or at a quay, jetty or other work provided for the mooring of vessels;

(e)

without reasonable excuse causes or permits a vessel to be moored at a mooring provided under article 13 (power to lay moorings) or licensed under article 14 (licensing of moorings) which the person concerned is not entitled to use.

(2)

If any person commits an offence under paragraph (1)(c) the Commissioners may remove the mooring in question and recover from that person the expenses incurred in doing so as a debt.

(3)

Subject to paragraph (6), if any person commits an offence under paragraph (1)(d) or (1)(e) the Commissioners 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 13 (power to lay moorings),

(ii)

any unpaid licence fee payable under article 14 (licensing of moorings), and

(iii)

the expenses of removal and disposal under this paragraph.

(4)

If the proceeds of sale under paragraph (3)(b) are sufficient to allow the Commissioners to recover all amounts permitted by paragraph (3)(c), the Commissioners must hold any surplus proceeds of sale on trust for the owner.

(5)

If the proceeds of sale under paragraph (3)(b) are insufficient to allow the Commissioners to recover all amounts permitted by paragraph (3)(c), or there is no sale of the vessel, the Commissioners may recover the amounts referred to in paragraph (3)(c) net of any proceeds of sale from the owner as a debt.

(6)

The Commissioners must not exercise their power to remove a vessel under paragraph (3) unless—

(a)

they have given to the owner seven clear days’ notice in writing of their intention to do so; or

(b)

it is an emergency.

(7)

Where paragraph (6)(b) applies, the Commissioners must notify the owner that they have removed the vessel as soon as reasonably practicable afterwards.