Article 31 Power to deal with unserviceable vessels

In addition to the powers conferred on the harbour master by section 57 of the Act of 1847 and on the Commissioners by any other enactment, the Commissioners may remove, sell, destroy or otherwise dispose of any vessel laid by or neglected as unserviceable in, or on land adjoining, the waters of the harbour or the approaches thereto.

The Commissioners may retain out of the proceeds of sale of any such vessel, or any part thereof, any expenses incurred by them 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 Act of 1847, and shall pay the surplus, if any, to the person entitled thereto.

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

Except in a case of emergency, the Commissioners shall, before exercising their powers under this article, give seven clear days' notice in writing of their intention to do so to the registered owner of the vessel and by advertisement in each of three successive weeks in a local newspaper; and if before the notice expires the Commissioners receive from the owner counter-notice in writing that he desires to dispose of the vessel himself, the Commissioners shall not exercise the powers of this article in relation to that vessel until the expiration of 7 days beginning with the date of the receipt of the counter-notice and of any further continuous period thereafter during which the owner of the vessel proceeds with the disposal thereof with all reasonable diligence and in compliance with any directions for the prevention of interference with navigation or business at the harbour which may be given to him by the harbour master.

If the owner or his place of business or abode is not known to the Commissioners or is outside the United Kingdom, the notice mentioned in paragraph (4) above may be given by displaying it at the office of the Commissioners for the period of its duration.