The Dee Estuary Conservancy Harbour Revision (No. 2) Order 2023

UK Statutory Instrument 2023 No. 690 — creates 15 criminal offences.

15offences created

0recorded in force

0revoked

Made: 21 June 2023
In force from: 12 July 2023
Extent: Not stated
Subject: Transport: maritime, aviation, rail and harbours
Made under: Harbours Act 1964, S.I. 2023/470

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 Dee Estuary Conservancy Harbour Revision Order 2023 (S.I. 2023/470) which did not include a coming into force date. This Order, made on the application of the Natural Resources Body for Wales (“the conservancy authority”), amends and modernises its powers of management and regulation as conservancy, harbour and local lighthouse authority for the estuary of the river Dee and provides for— 1 The jurisdiction and general functions and powers of the conservancy authority (article 4). 2 The establishment of a consultative committee, with whom the conservancy authority must consult on all matters substantially affecting the conservancy, maintenance, protection, regulation, operation, management and improvement of the estuary and its navigation (article 5). 3 Powers relating to aids to navigation (article 6) and the removal of obstructions to the use of the estuary (article 7). 4 Powers relating to moorings (article 8), the repair of landing places (article 9), dredging (article 10) and the disposal of wrecks (article 11). 5 Powers to make byelaws (article 12(1) to (9) and Schedule 1), to regulate the use of the Dee estuary (article 12(10) and Schedule 2) and to give general directions (article 13) and special directions (article 15). 6 A modern suite of charging powers (articles 19 to 25) including exemptions from harbour dues (article 24) and the prevention of sailing of vessels (article 25). 7 The restriction of works and dredging in the estuary without a licence from the conservancy authority (article 26) and the control of certain works by statutory undertakers within the estuary (article 27). 8 Powers to grant licences for works (article 28) and for dredging (article 29) within the estuary. 9 The lighting of any tidal works during construction (article 31) and upon completion of those works (article 35). 10 Powers to enter and inspect vessels within the estuary (article 38) and creates an offence of obstructing officers of the conservancy authority (article 39). 11 Savings for the Crown (article 40), Trinity House (article 41) and the Mersey Docks and Harbour Company (article 43). 12 The protection of Mostyn Docks Limited as statutory harbour authority for the Port of Mostyn (article 42 and Schedule 3). 13 The repeal of certain provisions of the Dee Conservancy Act 1889. An impact assessment has not been prepared for this instrument as there is no, or no significant impact predicted on business, charities, voluntary bodies or the public sector. This Order is published on the UK legislation website www.legislation.gov.uk.

Offences created by this instrument

SCHEDULE 2 SCHEDULE 2 · Status not determined · Mixed — some elements strict, some not
SCHEDULE 2 SCHEDULE 2 · Status not determined · Mixed — some elements strict, some not
SCHEDULE 2 SCHEDULE 2 · Status not determined · Mixed — some elements strict, some not
SCHEDULE 2 SCHEDULE 2 · Status not determined · Mixed — some elements strict, some not
Failure to comply with directions article 16(1) · Status not determined · Strict liability
Restriction of works and dredging article 26(5) · Status not determined · Strict liability
Incorporation of Harbours, Docks and Piers Clauses Act 1847 article 3(2) · Status not determined · Strict liability
Incorporation of Harbours, Docks and Piers Clauses Act 1847 article 3(3) · Status not determined · Strict liability
Lights on tidal works during construction article 31(2) · Status not determined · Strict liability
Provision against danger to navigation article 32(2) · Status not determined · Strict liability
Permanent lights on tidal works article 35(2) · Status not determined · Strict liability
Obstruction of officers article 39(1) · Status not determined · Requires proof of a state of mind
Obstruction of officers article 39(2) · Status not determined · Strict liability
Moorings article 8(9) · Status not determined · Requires proof of a state of mind
Repair of landing places, etc 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

Parliament's Statutory Instruments service has no record of this instrument, although it covers the period. Nothing is inferred from that.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2023