The Ilfracombe Harbour Revision (No. 2) Order 2019
UK Statutory Instrument 2019 No. 815 — creates 3 criminal offences.
- 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, S.I. 2019/798
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 revokes and replaces the Ilfracombe Harbour Revision Order 2019 (S.I. 2019/798) which did not include a laid date or a coming into force date. This Order empowers the North Devon District Council (“the Council”) as the statutory 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. This 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 8). Provision is made against danger to navigation (article 9) and for the abatement of works abandoned or decayed (article 10). The Secretary of State may order a survey and examination of the authorised works (defined in article 3(1)) or of the site on which they are to be constructed (article 11). Provision is made for the lighting of the tidal works (defined in article 12(3)) during construction (article 12). A defence of due diligence is available to the Council in respect of offences under articles 9 and 12 (article 13). The deposited plan and sections referred to in this Order are available for inspection during working hours at the principal office of the Council at Lynton House, Commercial Road, Barnstaple EX31 1DG. An impact assessment has not been prepared for this Order as there is no, or no significant, impact predicted on businesses, charities, voluntary bodies or the public sector. An Explanatory Memorandum is available alongside the instrument on the UK legislation website, www.legislation.gov.uk.
Offences created by this instrument
- Lights on tidal works during construction, etc article 12(2) · Status not determined · Strict liability
- Obstruction of works article 8 · Status not determined · Requires proof of a state of mind
- Provision against danger to navigation article 9(2) · 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
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
- Instrument created 5 April 2019
- Instrument made (signed into law) 5 April 2019
- Laid before the House of Commons 9 April 2019 · Commons
- Laid before the House of Lords 9 April 2019 · Lords
- Considered by the Joint Committee on Statutory Instruments (JCSI) 24 April 2019 · Commons, Lords
- Not drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 24 April 2019 · Commons, Lords
- Considered by the Secondary Legislation Scrutiny Committee (SLSC) 7 May 2019 · Lords
- No comment by the Secondary Legislation Scrutiny Committee (SLSC) 7 May 2019 · Lords
- Instrument comes into force as law 13 May 2019
- Objection period ends 9 June 2019
- Instrument remains law 9 June 2019
- Procedure concluded in the House of Commons and the House of Lords 9 June 2019 · Commons, Lords
From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2019