Article 27 Repair of landing places, etc.

(1)

The Commissioners may serve a notice on the owner, lessee or occupier of a relevant feature requiring them to remedy its condition to the Commissioners’ reasonable satisfaction within a reasonable time, not being less than 21 days, specified in the notice where, in the opinion of the Commissioners, the relevant feature is, or is likely to become, by reason of its insecure condition or want of repair—

(a)

dangerous to persons or vessels using the harbour; or

(b)

a hindrance to the navigation of the harbour.

(2)

A notice under paragraph (1) must specify—

(a)

sufficient detail to identify the relevant feature;

(b)

the reason why the Commissioners consider that the relevant feature requires its condition to be remedied in accordance with paragraph (1);

(c)

that the owner, lessee or occupier is required to remedy the condition of the relevant feature, which may include specific works; and

(d)

the time within which the requirements of the notice must be complied with.

(3)

If a person served with a notice under paragraph (1) fails without reasonable excuse to comply with the requirements of the notice within the time stated in the notice, or such other time as the Secretary of State on an appeal may substitute—

(a)

that person is liable on summary conviction to a fine not exceeding level 3 on the standard scale; and

(b)

the Commissioners may carry out the work required by the notice and may recover the reasonable expenses of doing so from the person on whom the notice was served.

(4)

A notice under paragraph (1) must have annexed to it a copy of this article.

(5)

A person served with a notice under paragraph (1) may appeal against the notice to the Secretary of State within a period of 21 days beginning with the date on which the notice was served.

(6)

An appeal under paragraph (5) must be made by notice in writing to the Secretary of State stating the grounds of the appeal and include a statement of appeal in support of those grounds.

(7)

A person who submits an appeal under paragraph (5) must serve on the Commissioners copies of the notice of the appeal and the statement of appeal within 7 days of lodging, and the Commissioners may, within 21 days of receipt of the notice, submit observations regarding the appeal to the Secretary of State and must supply copies of the same to the appellant.

(8)

On an appeal under paragraph (5), the Secretary of State must either quash the notice served under paragraph (1), modify its requirements or dismiss the appeal.

(9)

Sub-paragraph (3)(a) does not apply to The Bournemouth-Swanage Motor Road and Ferry Company^f1.

(10)

In this article—

(a)

“owner”, “lessee” and “occupier” means the person who was the “owner”, “lessee” or “occupier” of the relevant feature at the date the notice is served, or if the “owner”, “lessee” or “occupier” of the relevant feature is not readily identifiable, the “owner”, “lessee” or “occupier” of the land on which the relevant feature is situated at the date the notice is served;

(b)

“relevant feature” means any landing place, jetty, wall, pontoon, pile, embankment, bridge, structure, groyne, aid to navigation or other work in the harbour or on land immediately adjoining the land below the level of high water in the harbour, other than one under the control or management of the Commissioners.

Annotations

Footnotes

f1: The principal place of business of which is Ferry Office, Shell Bay, Studland, Swanage, Dorset BH19 3BA.