The Newhaven Harbour Revision Order 2016
UK Statutory Instrument 2016 No. 151 — creates 9 criminal offences.
- Made
- 5 February 2016
- In force from
- 7 March 2016
- Extent
- Not stated
- Subject
- Transport: maritime, aviation, rail and harbours
- Made under
- Harbours Act 1964
Explanatory note
(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
This Order- a defines the limits of Newhaven Harbour (article 3); b in Part 2 confers on Newhaven Port and Properties Limited (“the Company”) and the harbour master (defined in article 2) powers of direction for the regulation and management of the harbour (articles 4 to 10) and on the Company powers to make or revoke byelaws (articles 11 and 12); c in Part 3 provides for the licensing of commercial workboat services; d in Part 4- i specifies the general functions of the Company in respect of the harbour (defined in article 2) (article 18); ii incorporates certain provisions of the Harbours, Docks and Piers Clauses Act 1847 (1947 c.27) (article 19); iii confers borrowing powers on the Company (article 20 and 22); iv enables the Company to charge interest to capital in certain circumstances (article 21); v enables the Company to grant tenancies and dispose of land and other property for the purpose of or in connection with the management of the harbour undertaking or if it is not required for the purposes of the harbour undertaking (defined in article 2) (article 23); vi enables the Company to carry out certain commercial activities (article 24); vii confers on the Company powers in respect of harbour services and facilities (article 25) viii establishes the conditions for a duly authorised officer of the Company to board a vessel (defined in article 2) for certain purposes (article 26); ix empowers the Company to require information in writing from the owner or master of a vessel embarking or disembarking passengers, or loading or unloading cargo, within the harbour for the purposes of determining whether landing charges are payable and creates an offence of failing to provide such information or knowingly or recklessly providing false information, the penalty for which on summary conviction is a fine not exceeding level 4 on the standard scale (article 27); x creates an offence of intentionally obstructing or threatening, or without reasonable excuse failing to give certain information to, an officer of the Company, or of knowingly or recklessly giving false information to such an officer, for which the penalty on summary conviction of any such offence is a fine not exceeding level 4 on the standard scale (article 28). A full assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen. The harbour map (defined in article3(4)) which delineates the limits of the harbour (article 3(2)) may be inspected during working hours at the principal office of the Company at the Harbour Office, East Quay, Newhaven Harbour, Newhaven, East Sussex, BN9 0BN.
Offences created by this instrument
- General byelaws article 11(4) · Status not determined · Strict liability
- General byelaws article 11(4)(a) · Status not determined · Strict liability
- Restriction of commercial workboat services article 13(2) · Status not determined · Strict liability
- Incorporation of the Harbours, Docks and Piers Clauses Act 1847 article 19(3) · Status not determined · Strict liability
- Incorporation of the Harbours, Docks and Piers Clauses Act 1847 article 19(4) · Status not determined · Strict liability
- Information for the purpose of landing charges article 27(6) · Status not determined · Requires proof of a state of mind
- Obstruction of officers article 28(1) · Status not determined · Requires proof of a state of mind
- Obstruction of officers article 28(2) · Status not determined · Requires proof of a state of mind
- Failure to comply with directions article 8(1) · Status not determined · Strict liability
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2016