The Portreath, Portscatho and Portwrinkle Harbour Empowerment Order 2023
UK Statutory Instrument 2023 No. 680 — creates 2 criminal offences.
- Made
- 20 June 2023
- In force from
- 17 July 2023
- 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, made on the application of Cornwall Council relates to the harbours of Portscatho, Portreath and Portwrinkle and makes the Council the statutory harbour authority in respect of each of them. The Order provides for: 1 The Council to become the statutory harbour authority for the harbours and to have jurisdiction over the harbours (including the harbour premises) as set out in article 4 (harbours jurisdiction) and the Schedule (limits of the harbours). The harbour limits plans may be inspected during working hours at the office of the Marine Management Organisation, Lancaster House, Hampshire Court, Newcastle upon Tyne, NE4 7YH and the principal office of Cornwall Council. The plans are also available electronically on the Council’s harbours website www.cornwallharbours.co.uk. 2 The amendment of article 2 and Schedule 1 of the Cornwall Harbours Harbour Revision Order 2023 (S.I. 2023/675) to apply its provisions to the harbours, so that the harbours will all be governed under the provisions of the Cornwall Harbours Harbour Revision Order 2023 (article 5). 3 The amendment of article 50 (power to dredge) of the Cornwall Harbours Harbour Revision Order 2023 so that the dredging exemption in section 75 of the Marine and Coastal Access Act 2009 does not apply to the Portreath, Portscatho and Portwrinkle harbours (article 5). 4 The amendment of Schedule 5 (Acts and Orders) of the Cornwall Harbours Harbour Revision Order 2023 to insert a reference to this Order (article 5). 5 Crown Rights (article 6) and Saving for Trinity House (article 7). A full impact assessment has not been prepared for this instrument as no, or no significant, impact is predicted on businesses, charities, voluntary bodies or the public sector. An Explanatory Memorandum together with a copy of the harbour limits plans is available alongside the instrument on the UK legislation website at www.legislation.gov.uk.
Offences created by this instrument
- Incorporation of provisions of Harbours, Docks and Piers Clauses Act 1847 article 3(2) · Status not determined · Strict liability
- Incorporation of provisions of Harbours, Docks and Piers Clauses Act 1847 article 3(3) · 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.
- Committee
- Drawn to the special attention of the Houses by a scrutiny committee
Procedural history
- Instrument created 20 June 2023
- Instrument made (signed into law) 20 June 2023
- Laid before the House of Commons 26 June 2023 · Commons
- Laid before the House of Lords 26 June 2023 · Lords
- Considered by the Secondary Legislation Scrutiny Committee (SLSC) 27 June 2023 · Lords
- No comment by the Secondary Legislation Scrutiny Committee (SLSC) 27 June 2023 · Lords
- Instrument comes into force as law 17 July 2023
- Considered by the Joint Committee on Statutory Instruments (JCSI) 6 September 2023 · Commons, Lords
- Drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 6 September 2023 · Commons, Lords
- Joint Committee on Statutory Instruments (JCSI) draws the special attention of both Houses to the instrument on the grounds that it is defectively drafted 6 September 2023 · Commons, Lords
- Objection period ends 13 September 2023
- Instrument remains law 13 September 2023
- Procedure concluded in the House of Commons and the House of Lords 13 September 2023 · 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 2023