The Caledonian Maritime Assets (Brodick) Harbour Revision Order 2015

Removal of obstructions other than vessels, vehicles or wreck S

43.—(1) Without prejudice to its powers under any enactment (including one contained in this Order) CMAL may remove anything which is causing or likely to become an obstruction or impediment to the proper use of any part of a harbour area other than—

(a) a vessel or vehicle; or

(b) wreck within the meaning of Part IX of the Merchant Shipping Act 1995.

(2) If—

(a) anything removed by CMAL under paragraph (1) above is known to CMAL to be , or is marked as to be readily identifiable as, the property of any person, CMAL shall within one month of its coming into its custody give notice, in accordance with paragraph (6) below, to that person and if possession of the thing is not retaken within the period specified in, and in accordance with the terms of, the notice it shall at the end of that period vest in CMAL;

(b) the ownership of anything removed by CMAL under paragraph (1) above which is not so known or marked is not within 3 months of its coming into the custody of CMAL proved to its reasonable satisfaction, it shall vest in CMAL.

(3) CMAL may at such time and in such manner as it thinks fit dispose of anything which is of a perishable or obnoxious nature or the custody of which involves unreasonable expense or inconvenience notwithstanding that it has not vested in CMAL under this article, and if it is sold the proceeds of sale shall be applied by CMAL in payment of the expenses incurred by it under this article in relation to the thing, and any balance—

(a) shall be paid to any person who within 3 months from the time when the thing came into custody of CMAL proves to its reasonable satisfaction that that person was the owner thereof at that time; or

(b) if within the said period no person proves ownership at the said time, shall vest in CMAL.

(4) If anything removed under this article—

(a) is sold by CMAL and the proceeds of sale are insufficient to reimburse it for the amount of the expenses incurred in the exercise of its powers of removal; or

(b) unsaleable.

(5) CMAL may recover the deficiency or the whole of the expenses, as the case may be, from the person who was the owner when the thing removed came into the custody of CMAL or who was the owner at the time of its abandonment or loss.

(6) A notice given under paragraph (2)(a) above shall specify the thing removed and state that upon proof of ownership to the reasonable satisfaction of CMAL possession may be retaken at a place specified in the notice within the time specified therein, being not less than 14 days after the day when the notice is served.

(7) CMAL shall not under the powers of this article move anything placed or constructed by any person under the provisions of any enactment or of a consent or licence given or issued by CMAL.

Commencement Information

I1 Art. 43 in force at 14.1.2015, see art. 1