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The Weymouth Harbour Revision Order 2021
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Changes and effects yet to be applied to Article 40:
- art. 5(2)(d) inserted by S.I. 2026/62 art. 54(4)(c)
- art. 40 coming into force by S.I. 2021/43 art. 1
- art. 40(2) words omitted by S.I. 2026/62 art. 54(11)
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- art. 5(2)(d) inserted by S.I. 2026/62 art. 54(4)(c)
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Powers to deal with unserviceable vesselsE+W
This section has no associated Explanatory Memorandum
40.—(1) In addition to the powers conferred on the harbour master by section 57 of the Act of 1847 (unserviceable vessels to be altogether removed from the harbour) and on the Council by section 252 of the Merchant Shipping Act 1995 (Powers of harbour and conservancy authorities in relation to wrecks) the Council may sell, break up or otherwise dispose of any vessel which is unserviceable and has been laid by or neglected in the harbour or on land immediately adjoining the harbour.
(2) The Council may retain out of the proceeds of sale of such vessel, or any part of such proceeds, any expenses incurred by it in respect of the vessel, or in marking, buoying, lighting or otherwise controlling the vessel or warning shipping of its presence and any expenses incurred by the harbour master under section 57 on the Act of 1847 and shall pay the surplus, if any, to the person or body entitled to that surplus.
(3) If the proceeds of the sale are insufficient to reimburse the Council for the said expenses, or there is no sale, the Council may recover the deficiency, or where there is no sale, the whole of the expenses, from the owner as a simple contract debt.
(4) Except in the case of emergency, the Council shall, before exercising its powers under this article, give 14 days’ notice in writing of its intention to do so to the registered owner of the vessel and by advertisement in each of two successive weeks in a local newspaper circulating in the area of the harbour, provided that, if the registered owner or their place of business or address is not known to the Council or is outside of the United Kingdom, the notice may be given by displaying it at the principal office of the Council and electronically on the Council’s website for two successive weeks.
Commencement Information
I1Art. 40 in force at 17.2.2021, see art. 1
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