UK Offence Report

Obstruction of works

article 8 of The Ilfracombe Harbour Revision (No. 2) Order 2019

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

8 Any person who without lawful authority—

a intentionally or recklessly obstructs any person acting under the authority of the Council in constructing, using or maintaining the works; or

b interferes with, moves or removes any plant or equipment used in the construction, use or maintenance of the works; is guilty of an offence and 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 This is the text as originally made; later amendments are not shown here.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
obstructing an official exercising a power
Fault element
Requires proof of a state of mind
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (intentionally, recklessly).

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: mens rea word in the offence-creating words: intentionally, recklessly.

What would breach article 8?

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. Refusing to let an inspector onto premises they are entitled to enter under the Ilfracombe Harbour Revision (No. 2) Order 2019.
  2. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  3. Physically blocking an examination, or removing something an officer has said they intend to inspect.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£1,000
Standard scale
Level 3
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 April 2019
In force from
13 May 2019
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 revokes and replaces the Ilfracombe Harbour Revision Order 2019 (S.I. 2019/798) which did not include a laid date or a coming into force date. This Order empowers the North Devon District Council (“the Council”) as the statutory harbour authority for Ilfracombe Harbour to construct and maintain a new harbour wall and a slipway from the new watersports centre in The Strand, Ilfracombe extending into the bed and foreshore of Ilfracombe Harbour. This Order creates an offence of intentionally or recklessly obstructing the carrying out of the works without lawful authority, with a fine on summary conviction not exceeding level 3 on the standard scale (article 8). Provision is made against danger to navigation (article 9) and for the abatement of works abandoned or decayed (article 10). The Secretary of State may order a survey and examination of the authorised works (defined in article 3(1)) or of the site on which they are to be constructed (article 11). Provision is made for the lighting of the tidal works (defined in article 12(3)) during construction (article 12). A defence of due diligence is available to the Council in respect of offences under articles 9 and 12 (article 13). The deposited plan and sections referred to in this Order are available for inspection during working hours at the principal office of the Council at Lynton House, Commercial Road, Barnstaple EX31 1DG. An impact assessment has not been prepared for this Order as there is no, or no significant, impact predicted on businesses, charities, voluntary bodies or the public sector. An Explanatory Memorandum is available alongside the instrument on the UK legislation website, www.legislation.gov.uk.

Read the full note and every offence in this instrument

How this became law

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Neither House could have amended it. A statutory instrument is put to each House as a whole thing, to be approved or not; the Houses can reject an instrument or record their regret, but they cannot change a word of it. That is the constitutional position for every offence on this site.

The full procedural history →

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