UK Offence Report

The Ilfracombe Harbour Revision Order 2019 (revoked)

UK Statutory Instrument 2019 No. 798 — creates 3 criminal offences.

3offences created
0recorded in force
0revoked
Made
5 April 2019
In force from
13 May 2019
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 empowers the North Devon District Council (“the Council”) as the harbour authority for Ilfracombe Harbour to construct and maintain a new harbour wall and a slipway from the new watersports centre in The Strand, Ilfracombe extending into the bed and foreshore of Ilfracombe Harbour. The Order creates an offence of intentionally or recklessly obstructing the carrying out of the works without lawful authority, with a fine on summary conviction not exceeding level 3 on the standard scale (article 7). Provision is made against danger to navigation (article 8) and for the abatement of works abandoned or decayed (article 9). The Secretary of State may order a survey and examination of the authorised works (defined in article 2(1)) or of the site on which they are to be constructed (article 10). Provision is made for the lighting of the tidal works (defined in article 11(3)) during construction (article 11). A defence of due diligence is available to the Council in respect of offences under articles 8 and 11 (article 12). The deposited plan and sections referred to in this order may be inspected during working hours at the principal office of the Council at Lynton House, Commercial Road, Barnstaple EX31 1DG. A full regulatory impact assessment has not been provided for this instrument as there is no impact on business or charities or the voluntary sector.

Offences created by this instrument

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

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Procedure
Made negative — law unless a motion to stop it succeeded
Could either House amend it?
No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.

Procedural history

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

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