# The Poole Harbour Revision Order 2012, Article 11: Offences as to moorings, etc.

Extent: E+W+S

(1) Any person who—
(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, renews or has in the harbour any mooring not provided under article 9 or licensed under article 10;
(d) without reasonable excuse causes or permits a vessel to be moored in the harbour except at a mooring provided or licensed by the Commissioners or at a quay, jetty or other work provided for the mooring of vessels; or
(e) without reasonable excuse causes or permits a vessel to be moored at a mooring provided under article 9 or licensed under article 10 which the person concerned is not entitled to use;
is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(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 9;
(ii) any unpaid licence fee payable under article 10; 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 shall hold any proceeds of sale on trust for the owner.
(5) If—
(a) the proceeds of sale under paragraph (3)(b) are insufficient to allow the Commissioners to recover all amounts permitted by paragraph (3)(c); or
(b) 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.

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Source: https://www.legislation.gov.uk/uksi/2012/1777/article/11 (the official version)
Page: https://openlegislation.uk/poole-harbour-revision-order-2012/article-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.