UK Offence Report

Provision against danger to navigation

article 12(2) of The Lerwick Harbour Revision Order 2010

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 If the Authority fails to comply with the provisions of this Article it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

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 This is the text as originally made; later amendments are not shown here.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
an authority
Conduct
failing to do something the instrument requires
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 an authority 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 12(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. Not doing what the provision requires under the Lerwick Harbour Revision Order 2010, by the time it requires it to be done.
  2. Doing it, but not in the manner or to the standard the instrument specifies.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£10,000
Maximum prison (summary)
Not determined

expressed as the statutory maximum (the prescribed sum): the same words mean £5,000 in England and Wales and £10,000 in Scotland.

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
30 December 2010
In force from
31 December 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 Lerwick Port Authority (the “Authority”) authorises the Authority to extend the existing Greenhead south quay to reclaim land at Point of Scattland, to construct a new quay at Mairs Yard and to extend the existing north Holmsgarth jetty all situated within the harbour being the Port and Harbour of Lerwick. Part I makes preliminary provision including provision as to interpretation (Article 2), and the citation, commencement and extent of the Order. Part II makes provision as to works. Article 3 authorises the Authority to construct works. The main works to be carried out are described in the Article. Article 4 gives the Authority power to renew, etc, the works subject to the provisions of the Order. Article 5 provides the limits of deviation for the works and Article 6 authorises subsidiary works as may be necessary or convenient for or in connection with the works authorised under Article 3. Article 7 makes provision for fines for obstructing works, etc. Articles 8 to 13 make provision for the control and regulation of tidal works. Article 14 makes provision as to the time limit for completing the works under Article 3. Part III makes miscellaneous and general provisions. Article 15 provides the Authority with a defence of due diligence against the commission of offences under the Order. Article 16 makes provision for an Environmental Management Plan to be submitted to Scottish Ministers before commencement of any works. It also makes provision as to compliance by the Authority with commitments given in the Environmental Statement accompanying its application for the Order. Copies of the Environmental Statement for the project and the deposited plans and sections can 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 and sections may also be inspected free of charge at the offices of the Authority at the Port between 09:00 and 16:00 (Monday to Friday, excluding public holidays). Article 17 amends section 10(4)(b) of the Lerwick Harbour Order Confirmation Act 1974 by extending the period within which the Authority is required to decide an application for a Works Licence within the harbour from three to six months. Article 18 amends Article 5(2) of the Lerwick Harbour Revision (Constitution) Order 2003 by streamlining the procedure for consideration by the appointing body of applications made under Article 4 of the Order. Article 19 repeals Article 9(4) of the Lerwick Harbour Revision (Constitution) Order 2003 and removes the age limit beyond which a person will not be qualified to be nominated as a Member of the Authority. Articles 20 to 22 make saving provisions including making it clear that in carrying out any works or operations pursuant to this Order the Authority must obtain any other consent required for those works or operations under the terms of any other enactment.

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 0.92.

Basis
the provision says a person is “guilty of an offence”
Confidence
0.92 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