UK Offence Report

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

article 3(2) of The Caledonian Maritime Assets (Lochaline Ferry Services Slipway) Harbour Empowerment Order 2013

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 This is the text as originally made; later amendments are not shown here.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 Caledonian Maritime Assets (Lochaline Ferry Services Slipway) Harbour Empowerment Order 2013.

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
12 February 2013
In force from
13 February 2013
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 Caledonian Maritime Assets Limited (“CMAL”), empowers CMAL to maintain and operate at Lochaline in the Highland Region the harbour and harbour related facilities. Article 2 makes provision as to interpretation. Article 3 incorporates, with modifications, certain provisions of the Harbours, Docks, and Piers Clauses Act 1847. Article 4 empowers CMAL to maintain and operate the works in the harbour and, within the harbour limits, to reconstruct, replace and relay the works. Article 5 to 10 make provision for the control and regulation of tidal works. Article 11 empowers CMAL to regulate, manage, mark and light the harbour and provide accommodation and harbour facilities. Article 12 identifies the harbour limits. Article 13 authorises CMAL to dredge the harbour and the approaches to it. Article 14 empowers CMAL to make byelaws subject to those being confirmed by the Scottish Ministers under article 15. Article 16 enables the harbour master to issue special directions to vessels. Article 17 provides that the responsibilities of the master of a vessel are not affected by the giving of special directions and articles 18 and 19 provide for the enforcement of directions. Article 20 provides CMAL with a defence of due diligence against the commission of offences under the Order. Articles 21 to 23 make saving provisions, including making clear that in carrying out any works or operations pursuant to this Order CMAL 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 0.72.

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