The Ouseburn Barrage Order 2007

Removal of projections

41.—(1) Without prejudice to article 39 (removal of obstructions other than vessels), the Council may by written notice require the owner or occupier of a projection which in the opinion of the Council is, or is likely to become, by reason of its insecure condition or want of repair—

(a) dangerous to persons or vessels navigating or using the Ouseburn; or

(b) a hindrance to the navigation or use of the Ouseburn,

to remedy its condition to the satisfaction of the Council within a period of time (being not less than one month) specified in the notice.

(2) Any notice served by the Council under this article shall—

(a) specify the works or other operations required to be carried out;

(b) have annexed to it a copy of this article and of article 42 (arbitration against notices under article 41); and

(c) indicate that there is a right to refer the matter to arbitration under article 42.

(3) In serving a notice under this article the Council may impose such terms and conditions as it thinks fit as to how the works or other operations shall be carried out.

(4) If a person required by any notice served by the Council under paragraph (1) to execute works fails to execute the works required within the time specified in the notice, the Council may itself execute the works and recover the expenses reasonably incurred by it in so doing from that person.

(5) In proceedings by the Council against the person served with the notice for the recovery of any expenses which the Council is entitled to recover from that person under paragraph (4), it shall not be open to that person to raise any question which could have been raised on a referral to arbitration under article 42.

(6) In this article, “projection” means anything which projects over the Ouseburn lying within the limits of deviation and includes any tree, bush or other plant but does not include any such things authorised by or under statute or by a works licence under section 5 of the 1990 Act to be placed or constructed.