UK Offence Report

Marking of tidal works

article 22(2)(a) of The River Colne Barrier (Wivenhoe) Order 1991

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

a If the Rivers Authority fail to comply with any provision of or direction given under this Article they shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale or 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 This is the text as originally made; later amendments are not shown here.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 rivers authority
Conduct
failing to comply with a notice or direction
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 rivers 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 22(2)(a)?

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. Being served with a notice under the River Colne Barrier (Wivenhoe) Order 1991 and doing nothing by the date it specifies.
  2. Doing part of what the notice requires, where it required all of it.
  3. Disagreeing with the notice and ignoring it, rather than using whatever appeal the instrument provides.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£100
Standard scale
Level 2
Maximum prison (summary)
Not determined

this is the level 2 value when the instrument came into force (1991-07-26); the standard scale is keyed to the date the offence was committed, and for conduct today the same words mean £500.

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
23 July 1991
In force from
26 July 1991
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 empowers the National Rivers Authority (“NRA”) to construct a flood barrier at Wivenhoe on the River Colne, Essex, together with ancillary works (Article 7) according to a deposited plan and deposited sections and, in connection with the barrier– a enables NRA to acquire land and easements compulsorily (Articles 3, 4 and 5); b provides for deviation from the deposited plans (Article 8); c bestows subsidiary powers on NRA (Article 9), including power to use certain land for winning materials for the works, construct a drainage lagoon, provide navigation aids and provide facilities for a sailing club; d provides for temporary stoppage of watercourses, roads and footpaths (Article 11) and for temporary closure of the river (Article 15); e empowers NRA to dredge the river (Article 16), to remove vessels sunk and abandoned near the barrier gates (Article 17), and to close the barrier gates(Article 18) with the consent of the Colchester Port Authority (“CPA”) (consent not being needed at low water); f amends the Act passed in 1847 conferring byelaw powers on the predecessors of the CPA, so as to enable byelaws to be made in respect of vessels passing through the barrier (Article 20); g authorises agency agreements between NRA and Colchester Borough Council (Article 21); h restricts the construction of tidal works by NRA (Article 24) and provides for their being marked by NRA under direction of Trinity House (Article 22) and surveyed by the Secretary of State for Transport (Article 23); and i provides for the protection of CPA and river users (Article 28). The offences under the Order (Articles 19 and 22) are unauthorised operation of barrier gates or interference with the barrier by any person (punishable by a fine of up to level 2 on the standard scale or by a term of imprisonment of up to 6 months or a fine or both on conviction on indictment) and failure on the part of NRA to comply with a direction of CPA on marking tidal works (punishable by a fine limited, if on summary conviction to level 2 on the standard scale). Copies of the deposited plans and sections are available for inspection during office hours at the offices of the National Rivers Authority (Anglian Region) at Kingfisher House, Goldhay Way, Orton Goldhay, Peterborough, Cambridgeshire, PE2 0ZR, of the Ministry of Agriculture, Fisheries and Food, at Eastbury House, 30–34, Albert Embankment, London, SE1 7TL, and of the Department of Transport, at Sunley House, 90, High Holborn, London, WC1V 6LP.

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