The Maryport Harbour Revision Order 2007

Repair of landing places, etc.

21.—(1) In this article, “relevant feature” means any landing place, jetty, embankment, structure or other work in the harbour or on land immediately adjoining the waters of the harbour other than one under the control or management of the Authority.

(2) The Authority may by written notice require the owner or occupier of a relevant feature which in the opinion of the Authority is, or is likely to become, by reason of its insecure condition or want of repair—

(a) dangerous to persons or vessels using the harbour; or

(b) a hindrance to the navigation of the harbour,

to remedy its condition to the Authority’s satisfaction within a reasonable time (not being less than 21 days) specified in the notice.

(3) If a person to whom notice is given under this article fails without reasonable excuse to comply with the notice within the time stated in the notice or such other time as the magistrates' court on an appeal may allow—

(a) he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale; and

(b) the Authority may carry out the work required by the notice and may recover the expenses of so doing from the person on whom the notice was served.

(4) A notice under this article shall have annexed to it a copy of this article.

(5) A person aggrieved by a notice served by the Authority under this article may, during the period of 21 days beginning with the date on which the notice was served, appeal against the notice to a magistrates' court acting for the area in which the feature is situated.

(6) An appeal under paragraph (5) shall be made by notice in writing stating the grounds of the appeal.

(7) A person who appeals under paragraph (5) shall send to the Authority notice of his appeal.

(8) On an appeal under paragraph (5), the court may make such order as it thinks fit, such order to be limited to the subject matter of the appeal.