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The Comhairle nan Eilean Siar (Ardveenish) Harbour Revision Order 2000

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Power to deal with unserviceable vessels

35.—(1) In addition to the powers conferred on the harbourmaster by section 57 of the Harbour, Docks, and Piers Clauses Act 1847(1) and on the Comhairle by virtue of the Merchant Shipping Act 1995 and by other provisions of this Order, the Comhairle 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.

(2) The Comhairle 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 harbourmaster under section 57 of the said Act of 1847, and shall pay the surplus, if any, to the person entitled thereto.

(3) If the proceeds of sale are insufficient to reimburse the Comhairle for the said expenses, or there is no sale, the Comhairle may recover the deficiency, or, where there is no sale, the whole of the expenses, from the owner as a debt.

(4) Except in the case of emergency, the Comhairle 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 or, if the owner or his place of business or abode is not known to the Comhairle or is outside the United Kingdom, by displaying the notice at the office of the harbourmaster for the period of its duration.

(1)

1847 c. 27; section 57 was amended by Schedule 6 to the Debtors (Scotland) Act 1987 (c. 18).

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