{
  "url": "https://openlegislation.uk/montrose-harbour-revision-order-2026/article-21",
  "json_url": "https://openlegislation.uk/montrose-harbour-revision-order-2026/article-21.json",
  "legislation": "ssi/2026/273",
  "legislation_title": "The Montrose Harbour Revision Order 2026",
  "legislation_url": "https://openlegislation.uk/montrose-harbour-revision-order-2026",
  "path": "article/21",
  "kind": "article",
  "number": "21",
  "heading": "Removal of obstructions other than vessels, vehicles or wrecks",
  "text": "(1) The Authority may remove under the powers of this article anything which is causing or likely to become an obstruction or impediment to the proper use of any part of the port other than—\n(a) a vessel or vehicle, or\n(b) a wreck within the meaning of Part 9 of the 1995 Act.\n(2) If anything removed by the Authority under paragraph (1) is known to the Authority to be, or is so marked as to be readily identifiable as, the property of any person, the Authority shall within one month of its coming into its custody give notice, in accordance with paragraph (6), to that person and if possession of the thing is not retaken within the period specified in, and in accordance with the terms of, the notice it shall at the end of that period become the property of the Authority.\n(3) If the ownership of anything removed by the Authority under paragraph (1) is not so known or marked and the ownership cannot within 3 months of its coming into the custody of the Authority be proved to the Authority’s reasonable satisfaction, it shall become the property of the Authority.\n(4) The Authority may at such time and in such manner as it thinks fit dispose of anything which is of a perishable or obnoxious nature or the custody of which involves unreasonable expense or inconvenience notwithstanding that it has not vested in the Authority under this article, and if it is sold the proceeds of sale shall be applied by the Authority in payment of the reasonable expenses incurred by it under this article in relation to the thing, and any balance—\n(a) shall be paid to any person who within 3 months from the time when the thing came into custody of the Authority proves to its reasonable satisfaction that such person was the owner thereof at that time, or\n(b) if within the said period no person proves ownership at the said time, shall become the property of the Authority.\n(5) If anything removed under this article—\n(a) is sold by the Authority and the proceeds of sale are insufficient to reimburse it for the amount of the expenses incurred in the exercise of its powers of removal, or\n(b) is unsaleable,\nthe Authority may recover the deficiency or the whole of the expenses, as the case may be, from the person who was the owner when the thing removed came into the custody of the Authority or who was the owner at the time of its abandonment or loss.\n(6) A notice given under paragraph (2) shall specify the thing removed and state that upon proof of ownership to the reasonable satisfaction of the Authority possession may be retaken at a place specified in the notice within the time specified therein, being not less than 14 days after the date when the notice is served.\n(7) The Authority shall not under the powers of this article move anything placed or constructed by any person under the provisions of any enactment or of a consent or licence.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2026/273/article/21",
    "retrieved_at": "2026-10-28T20:28:55.520153+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}