Article 37 Power to deal with unserviceable vesselsI1

In addition to the powers conferred on the harbour master by section 57 of the Act of 1847 and on the Company by the Merchant Shipping Act 1995 and by this Order the Company may remove, sell, destroy or otherwise dispose of a vessel laid by or neglected as unserviceable in, or on land adjoining the water of the harbour.

The Company may retain out of the proceeds of sale of such a vessel expenses incurred by them in respect of the vessel, or in marking, buoying, lighting or otherwise controlling the vessel or warning shipping of its presence and expenses incurred by the harbour master under section 57 of the Act of 1847 and must pay the surplus, if any, to the person entitled thereto.

If the proceeds of sale are insufficient to reimburse the Company for the said expenses, or there is no sale, the Company may recover the deficiency, or, where there is no sale, the whole of the expenses, from the owner as a simple contract debt.

Except in the case of emergency, the Company must, before exercising its powers under this article, give 28 clear days’ notice in writing of its intention to do so to the owner of the vessel and by advertisement in each of three successive weeks in a local newspaper.

If the owner or his place of business or abode is not known to the Company or cannot after diligent inquiry be found or is outside the United Kingdom, the notice may be given by displaying it at the harbour offices, Folkestone for the period its duration.