The Barking Barrage Order 1995

Removal of obstructions other than vessels

38.—(1) The Borough may remove—

(a) anything, other than a vessel, causing or likely to become an obstruction or impediment to navigation in any part of the upstream river; and

(b) anything causing or likely to become an obstruction or impediment to the proper use of a footpath adjacent to or over the upstream river.

(2) The above-mentioned power shall not be exercisable (subject to article 40)—

(a) if it is within the powers of the Part Authority to deal with such obstruction and the Port Authority decide to do so; and

(b) if the Borough, having given not less than one month’s notice to the Port Authority, is informed by the Port Authority within that time that the Port Authority intends to act and it does act within a reasonable time thereafter.

(3) (a) If anything removed by the Borough under paragraph (1) is so marked as to be readily identifiable as the property of any person, the Borough shall within one month of its coming into its custody give notice, as required by paragraph (5), 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 the Borough.

(b) If anything removed by the Borough under paragraph (1) which is not so marked is not within 3 months of its coming into the custody of the Borough proved to its reasonable satisfaction to belong to any person, it shall thereupon vest in the Borough.

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

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

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

(5) A notice given under paragraph (3)(a) shall specify the thing removed and state that, upon proof of ownership to the reasonable satisfaction to the Borough, possession may be retaken at a place named in the notice within the time specified in the notice, being not less than 14 days after the date when the notice is served.

(6) If anything removed under this article—

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

(b) is unsaleable;

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