UK Offence Report

Incorporation of the Harbours, Docks, and Piers Clauses Act 1847

article 3(2) of The Loch Ryan Port (Harbour Empowerment) Order 2009

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

2 Section 63 (penalty on vessels lying near the entrance of harbour or dock without permission) shall have effect subject to the modification that for the words from “be liable to” to the end of the section there are substituted the words “be guilty of an offence and shall be liable on summary conviction to

a fine not exceeding level

3 on the standard scale”.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
breaching the provision
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach article 3(2)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing what the provision prohibits, or failing to do what it requires under the Loch Ryan Port (Harbour Empowerment) Order 2009.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£1,000
Standard scale
Level 3
Maximum prison (summary)
Not determined

in Scotland a reference to a level is construed as referring to the standard scale as it currently stands (CP(S)A 1995 s.225(2)), not as it stood when the instrument was made.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
14 December 2009
In force from
4 February 2010
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Order) — the explanatory note published with the instrument, © Crown copyright.

This Order, made following an application by StenaLine Ports (LochRyan) Limited (“the Company”), empowers the Company to construct, maintain and operate in LochRyan and on adjacent land at OldHousePoint in Dumfries and Galloway, a port and port related facilities to be known as LochRyan Port. Part1 makes preliminary provision including provision as to interpretation (article2), and the incorporation, with modifications, of provisions in the Harbours, Docks, and Piers Clauses Act1847 (article 3). Part2 makes provision as to works. Article4 authorises the Company to construct works. The main works to be carried out to construct the port are at paragraphs(1) and (2). Paragraph(3) makes provision for future works. Article5 provides for the limits of deviation for the works and article6 authorises subsidiary works required in connection with the works under article4 or the port. Article7 authorises the Company to dredge the harbour and the approaches to it. Article8 creates an offence of obstructing the works. Articles9 to 14 make provision for the control and regulation of tidal works. Article15 makes provision as to the time limit for completing the works under article4(1) and (2). Article16 provides for land within the port limits (some of which will have been reclaimed from the foreshore and seabed below high water) to be deemed to be operational land for the purposes of the Town and Country Planning (Scotland) Act1997 and to lie within the area of Dumfries and Galloway Council if it otherwise would not do so. Part3 makes provision as to port regulation. Article17 identifies the limits of the port. Article18 enables the Company to control moorings and article19 empowers the Company to make byelaws subject to those being confirmed by the Scottish Ministers under article20. Article21 empowers the Company to issue general directions to vessels which require to be published under article22. Article23 enables the harbour master to issue special directions to vessels. Article24 provides that the responsibilities of the master of a vessel are not affected by the giving of any directions and articles25 and 26 provide for the enforcement of directions. Article27 authorises the Company to levy charges and to provide exemptions from or compound charges. Part4 makes miscellaneous and general provision. Article28 makes provision as to leases at the port and article29 provides the Company with a defence of due diligence against the commission of offences under the Order. Articles30 to 32 make saving provision, including making clear that in carrying out any works or operations pursuant to this Order the Company must obtain any other consent required for those works or operations under the terms of any other enactment. Article33 makes provision as to compliance by the Company with commitments given in the Environmental Statement accompanying its application for the Order. Copies of the Environmental Statement for the project and the Addendum Report, the deposited plans, sections and elevations and any consent by the Scottish Ministers under article 15 allowing an extension to the period for the completion of the works may be inspected, free of charge, at the offices of the Scottish Ministers at Victoria Quay, Edinburgh, EH6 6QQ between 09.00 and 16.30 (Monday to Friday, excluding public holidays). The deposited plans, sections and elevations and, for a period of one month after notice of any extension is published in a local newspaper, any consent by the Scottish Ministers under article 15 allowing an extension to the period for the completion of the works may also be inspected, free of charge, at the offices of the Company at the Port between 09.00 and 16.00 (Monday to Friday, excluding public holidays).

Read the full note and every offence in this instrument

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.72.

Basis
the provision states liability on summary conviction; the provision states a penalty in older drafting
Confidence
0.72 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source