UK Offence Report

Incorporation of Harbours, Docks and Piers Clauses Act 1847

article 3(1)(b) of The Caernarfon Harbour Revision Order 1989

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

b section

63 shall be read and have effect as if for the words from “liable to” to the end of the section there were substituted the words “be guilty of an offence and shall be liable on summary conviction to

a fine not exceeding £100”.

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 This is the text as originally made; later amendments are not shown here.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(1)(b)?

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 Caernarfon Harbour Revision Order 1989.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£100
Maximum prison (summary)
Not determined

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
5 December 1989
In force from
3 January 1990
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 reconstitutes the Caernarfon Harbour Trust so as to consist of not fewer than 11 or more than 13 Trustees who shall be appointed as follows— a Eight Appointed Trustees; appointed as follows One by the Gwynedd County Council Two by the Arfon Borough Council One by the Ynys Mo*n Borough Council One by the Caernarfon Town Council One by the Welsh Yachting Association One by the Nature Conservancy Council One by the Menai Straits Users' Association after consultation with the Port Dinorwic Private Mooring Licence Holder’s Association. b Three nominated Trustees. These to be appointed by the Trustees from persons nominated by persons having a substantial interest in the harbour, or bodies representing such persons. They should be persons who have commercial, financial or maritime experience. c Co-opted Trustees. The Trustees may co-opt up to two further Trustees, being persons whose special knowledge or experience would be of value to the Trust. The Order also provides for the management of meetings of the Trustees, publication of accounts, payment of the expenses of trustees, new powers and procedures for making charges, confirming byelaws, granting leases, disposal of surplus land and the sealing of documents, and for the repeal of obsolete provisions.

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