Article 16 Enforcement of special directionsI1

England, Wales and Scotland

(1)

Without prejudice to any other remedy available to the Commissioners, if a special direction is not complied with within a reasonable time, the harbourmaster may put persons on board the vessel to carry out the direction or may otherwise cause the vessel to be handled in accordance with the direction.

(2)

Subject to paragraph (3), if there is no one on board a vessel to attend to a special direction, the harbourmaster may proceed as if the direction had been given and not complied with.

(3)

Paragraph (2) does not allow the harbourmaster to exercise powers under paragraph (1)—

(a)

in relation to a vessel other than a lighter, unless the master cannot be found after reasonable inquiry has been made; and

(b)

in relation to a lighter, unless it is obstructing or interfering with navigation.

(4)

Expenses incurred by the Commissioners in the exercise of the powers conferred by paragraph (1) shall be recoverable as if they were a charge of the Commissioners in respect of the vessel.

Annotations

Commencement

I1: Art. 16 in force at 23.7.2012, see art. 1(2)