# The Folkestone Harbour Revision Order 2017, Article 23: Removal of obstructions other than vehicles or vessels

Extent: E+W

(1) Without prejudice to its powers under this Order or any other enactment, the Company may remove anything (other than a vehicle or vessel) but including a wreck within the meaning of Part IX of the Merchant Shipping Act 1995, in, or on land adjoining, the waters of the harbour or the approaches thereto—
(a) which is causing, or likely to cause, an obstruction to, or interference with, navigation;
(b) which is causing, or likely to cause, interference with the operation of any works of the Company, or damage to any such works or to any property; or
(c) which is in the harbour without lawful authority;
and may take such steps as appear to it to be appropriate to prevent or minimise such obstruction, interference or damage.
(2) Where the Company—
(a) removes anything under paragraph (1); and
(b) can readily identify its owner or a person whom it reasonably believes to be its owner;
the Company must, within 28 days of its coming into its custody, give written notice to that person stating that, upon proof of ownership to the reasonable satisfaction of the Company, possession may be retaken at a place named in the notice within the period specified in the notice (being not less than 14 days after the notice is served) and, if possession of the thing removed is not so retaken, it shall at the end of that period vest in the Company.
(3) The Company may, at such time and in such manner as it thinks fit—
(a) dispose of anything removed under paragraph (1) in the case of which paragraph (2) does not apply; or
(b) notwithstanding paragraph (2), dispose of anything so removed which is of a perishable nature or the custody of which involves unreasonable expense or inconvenience.
(4) If anything disposed of by the Company under this article is sold, the Company may retain out of the proceeds of sale any expenses incurred by it under this article, and any surplus—
(a) must be paid to any person who within three months from the time when the thing came into the custody of the Company proves, to the reasonable satisfaction of the Company, ownership thereof by that person at that time; or
(b) if within the said period no person proves ownership in accordance with sub-paragraph (a) shall vest in the Company.
(5) If the proceeds of the sale of anything removed under this article are insufficient to reimburse the Company for the said expenses, or there is no sale, the Company may recover as a debt the deficiency, or, where there is no sale, the whole of the expenses, from the person who was the owner at the time when the thing removed came into the custody of the Company or who was the owner at the time of its abandonment or loss.

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Source: https://www.legislation.gov.uk/uksi/2017/601/article/23 (the official version)
Page: https://openlegislation.uk/folkestone-harbour-revision-order-2017/article-23
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.