Incorporation of enactments

article 3(2) of The Maryport Harbour Revision Order 2007

Status not determined
Strict liability
Summary only
Agriculture, plant health, food production and rural affairs

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 In construing the provisions as so incorporated—
a the expression “the special Act” means this Order, the expression “the undertakers” means the Authority and the expression “the harbour, dock or pier” means the harbour;
b the expressions “master” and “vessel” are to have the meanings ascribed to them in this Order rather than those in the 1847 Act;
c section
52 extends to empower the harbourmaster to give directions prohibiting the mooring within
a harbour area of any vessel;
d notice given by the harbourmaster to the master of
a vessel under section
53 need not be in writing but may be given orally, or in any other reasonable manner;
e section
58 has effect in accordance with article 20(2);
f section
63 has effect subject to the modification that for the words from “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
2 on the standard scale”;
g section
69 has effect subject to the modification that for the words “shall forfeit
a sum” to the end of the section there are substituted the words “shall be liable on summary conviction to
a fine not exceeding level
2 on the standard scale”;
h section
72 has effect subject to the modification that for the words “shall for every offence” to the end of the section there are substituted the words “shall be liable on summary conviction to
a penalty not exceeding level
2 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 This is the text as originally made; later amendments are not shown here.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: an authority
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 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 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.

Doing what the provision prohibits, or failing to do what it requires under the Maryport Harbour Revision Order 2007.

Penalty

Mode of trial: Summary only — tried in a magistrates’ court
Maximum fine: £500
Standard scale: Level 2
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.

Animal cruelty: definitive guideline Magistrates' courts in England and Wales · in force from 1 July 2017
Covers cruelty to and neglect of animals, and the associated disqualification and deprivation orders.
Health and safety offences, corporate manslaughter and food safety and hygiene offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales · in force from 1 February 2016
Covers breaches of duty under the Health and Safety at Work etc. Act 1974 and the regulations made under it, and food safety and food hygiene offences. Sentencing turns on culpability and on the seriousness and likelihood of harm risked, not only on the harm that happened.
Reduction in sentence for a guilty plea: definitive guideline All courts in England and Wales · in force from 1 June 2017
The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.
General guideline: overarching principles All courts in England and Wales · in force from 1 October 2019
The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.
Totality: definitive guideline All courts in England and Wales
How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.

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: 6 December 2007
In force from: 29 December 2007
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 Order alters the constitution of, and renames as the Maryport Harbour Authority, the Maryport Harbour Commissioners who are the harbour authority for the harbour of Maryport. The Order also repeals various enactments relating to the harbour and replaces them with provisions framed in more modern terms.

Read the full note and every offence in this instrument

Other offences in the same instrument

Mooringsarticle 20(11)
Mooringsarticle 20(12)
Repair of landing places, etcarticle 21(3)
Repair of landing places, etcarticle 21(3)(a)
Power to grant permits in respect of certain pleasure craftarticle 22(5)
Incorporation of enactmentsarticle 3(2)(f)
Incorporation of enactmentsarticle 3(2)(g)
Incorporation of enactmentsarticle 3(2)(h)
Failure to comply with directionsarticle 31
Restriction of works and dredgingarticle 34(5)
Lights on tidal works during constructionarticle 40(2)
Provision against danger to navigationarticle 41(2)

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

This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
The Maryport Harbour Revision Order 2007 Every offence this instrument creates, and its explanatory note
Agriculture, plant health, food production and rural affairsOther offences on the same subject
Offences created in 2007