The Dover Harbour Revision Order 2022

UK Statutory Instrument 2022 No. 709 — creates 3 criminal offences.

3offences created

0recorded in force

0revoked

Made: 27 June 2022
In force from: 22 July 2022
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 authorises the Dover Harbour Board (“the Board”) to construct and maintain works at Dover Harbour in the County of Kent. The principal work comprises the construction of a wave wall (article 3) which may be constructed within the limits of deviation (article 4). The Board is also authorised to carry out subsidiary works within the limits of deviation in connection with the construction of the wave wall as well as temporary construction activity in the waters adjacent to those limits (article 5). The Order creates an offence of intentionally or recklessly obstructing or, without reasonable excuse, interfering with the construction of the works, with a person guilty of such an offence being liable on summary conviction to a fine not exceeding level 3 on the standard scale (article 6). The Secretary of State may order a survey and examination of a tidal work or of the site on which that work is to be constructed (article 7). Provision is made against danger to navigation in the event of injury to, or destruction or decay of, a tidal work (article 8) and for the abatement of a tidal work in the event that they become abandoned or decayed (article 9). Provision is made for the lighting of a tidal work during its construction or any alteration (article 10) and for the permanent lighting of a tidal work after it has been constructed (article 11). In the event that the works authorised by article 3 are not substantially completed within ten years from the coming into force of the Order (or such extended time as the Secretary of State may allow) then provision is made for the powers to construct and maintain those works to cease except as to so much of them as is then substantially commenced (article 12). Provision is made for the works authorised by the Order to be deemed for all purposes to be part of the harbour (defined in article 2(1)) (article 13) so that all enactments relating to the harbour and the byelaws, directions, rules and regulations of the Board for the time being in force relating to the harbour, apply to the works and may be enforced by the Board. A defence of due diligence is available to the Board in respect of offences under articles 8, 10 and 11 (article 14). The Order provides a saving for Trinity House (article 15) and protection for the Crown (article 16). The deposited plan and section referred to in article 2(1) may be inspected during working hours at the offices of Dover Harbour Board at Harbour House, Dover, Kent CT17 9BU and at the offices of the Marine Management Organisation at Lancaster House, Hampshire Court, Newcastle upon Tyne NE4 7YH. It is also available for inspection on the Dover Harbour Board website, https://www.doverport.co.uk. 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 together with a copy of the deposited plan and section 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 article 10(2) · Status not determined · Strict liability
Obstruction of works article 6 · Status not determined · Requires proof of a state of mind
Provision against danger to navigation article 8(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 27 June 2022
Instrument made (signed into law) 27 June 2022
Laid before the House of Commons 1 July 2022 · Commons
Laid before the House of Lords 1 July 2022 · Lords
Considered by the Secondary Legislation Scrutiny Committee (SLSC) 12 July 2022 · Lords
No comment by the Secondary Legislation Scrutiny Committee (SLSC) 12 July 2022 · Lords
Considered by the Joint Committee on Statutory Instruments (JCSI) 20 July 2022 · Commons, Lords
Not drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 20 July 2022 · Commons, Lords
Instrument comes into force as law 22 July 2022
Objection period ends 17 October 2022
Instrument remains law 17 October 2022
Procedure concluded in the House of Commons and the House of Lords 17 October 2022 · 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 2022