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SCHEDULES

SCHEDULE 5E+W The Navigation Area

Part IE+W Functions of Authority

Repair of landing places etc.E+W

11(1)Where the Authority is of the opinion that any landing place, embankment, private mooring or structure is insecure or in need of repair and by reason of its condition—E+W

(a)is, or is likely to become, a danger to persons or vessels using any waterway within the navigation area over which there is a public right of navigation;

(b)is injuring, or is likely to injure, the condition of any such waterway as a navigable waterway; or

(c)is hindering, or is likely to become a hindrance to, navigation on any such waterway;

the Authority may by notice given to the owner require him to make it secure, or (as the case may be) carry out the necessary repairs, to the satisfaction of the Authority and within such reasonable period as may be specified in the notice.

(2)Section 290 of the M1Public Health Act 1936 (appeals against and enforcement of notices requiring execution of works) shall apply to any notice given by the Authority under this paragraph as if the Authority were a local authority.

(3)Any such notice shall have attached to it a copy of sub-paragraphs (1) and (2) above.

Marginal Citations