Article 20 Power to deal with unserviceable vessels

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 Authority by section 252 of the 1995 Act (powers of harbour and conservancy authorities in relation to wrecks) the Authority 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.

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

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

Except in the case of emergency, the Authority must, before exercising its powers under this article, give 14 days’ notice in writing of its intention to do so to the registered owner of the vessel and by advertisement in each of two successive weeks in a local newspaper circulating the area of the port, provided that, if the registered owner or their place of business or address is not known to the Authority or is outside of the United Kingdom, the notice may be given by displaying it at the port office of the Authority and on the port website for two successive weeks.