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The Gloucester Harbour Revision Order 1994
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Repair of landing places etc.
9.—(1) In this article, “relevant feature” means any landing place, 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 Trustees.
(2) The Trustees may by notice require the owner or occupier of a relevant feature which in the opinion of the Trustees 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 satisfaction of the harbour master 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 to comply with the notice within the time stated in the notice or such other time as the Secretary of State on an appeal may substitute therefor—
(a)he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale; and
(b)the Trustees 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 Trustees under this article may, during the period of 21 days beginning with the date on which the notice was served, appeal to the Secretary of State against the notice.
(6) An appeal under paragraph (5) above shall be made by notice in writing stating the grounds of the appeal.
(7) A person who appeals under paragraph (5) above shall give to the Trustees notice of his appeal accompanied by a copy of his statement of appeal; and the Trustees shall, within 21 days of receipt of the notice, be entitled to furnish to the Secretary of State their observations on the appeal.
(8) On an appeal under paragraph (5) above, the Secretary of State shall either quash the notice, modify its requirements or dismiss the appeal.
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