UK Offence Report

Failure to comply with directions

article 35(1) of The Cornwall Harbours Harbour Revision Order 2023

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

1 A person who fails to comply with

a general direction or

a special direction shall be guilty of an offence and liable on summary conviction to

a fine not exceeding level

4 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 This is the text as originally made; later amendments are not shown here.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
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 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 35(1)?

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. On these words an offence is committed where a person fails to comply with a general direction or a special direction.
  2. Being served with a notice under the Cornwall Harbours Harbour Revision Order 2023 and doing nothing by the date it specifies.
  3. Doing part of what the notice requires, where it required all of it.
  4. Disagreeing with the notice and ignoring it, rather than using whatever appeal the instrument provides.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£2,500
Standard scale
Level 4
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
19 June 2023
In force from
14 July 2023
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 on the application of Cornwall Council relates to the ports and harbours of Bude, Newquay, Penryn, Penzance, Prince of Wales Pier (in Falmouth), St Ives and Truro. It modernises and consolidates the statutory harbour powers applying in relation to all seven harbours, so that they will all be governed by Cornwall Council under the Order. The Order provides for: 1 The jurisdiction (article 4 and Schedule 1) and general functions (article 5) of the Council as the statutory harbour authority for the harbours including plans of the harbours (including the harbour premises) which can be inspected during working hours at the office of the Marine Management Organisation, Lancaster House, Hampshire Court, Newcastle upon Tyne NE4 7YH and the principal office of the Cornwall Council, New County Hall, Treyew Road, Truro TR1 3AY. The plans are also available electronically on the Council’s harbours website at www.cornwallharbours.co.uk. 2 Establishing the constitution and governance arrangements of the Cornwall Harbours Board (articles 6 to 12 and Schedule 2). 3 The establishment of one or more advisory bodies consisting of harbour stakeholders with which the Council are required to consult on material matters (article 13). 4 Powers to vest in the Council relating to application of finances (article 14), establishment of the Port of Truro Reserve Fund, Port of Penryn Reserve Fund and a General Reserve Fund (articles 15 to 17), as well as borrowing powers (article 18). 5 Powers relating to works including a power to dredge, moorings, aids to navigation, repair of landing places, works and dredging licensing and penalties for obstruction of works (articles 19 to 26 and 50 to 53). 6 Modernised powers of management and control of the harbours to vest in the Council including provisions relating to parking places (article 27), removal of vehicles and vessels (article 28), and byelaws (articles 29 to 30 and Schedule 3). 7 Powers of general direction for the Council and special direction for the harbour master (defined in article 2) for the regulation and management of the harbour (articles 31 to 36). A register of all in force general directions may be inspected during office hours at the relevant harbour office of the Council (article 31). This Order creates an offence of failing to comply with special or general directions, the penalty for which is a fine on summary conviction not exceeding level 4 on the standard scale (article 35). A defence of due diligence is available to a person charged under article 35 (article 35(2)). 8 A modern suite of charging powers (articles 39 to 49) including exemptions from harbour dues (article 47) and prevention of sailing of vessels (article 49). 9 Powers relating to development of land (article 54), power to grant tenancies and dispose of land (article 55), power to appropriate lands and works for particular uses, etc. (article 56), other commercial activities (article 57), and power to delegate functions (article 58). 10 Powers relating to bunkering (article 59), disposal of wrecks (article 60), unserviceable vessels (article 61), removal of obstructions other than vessels (article 62), boarding of vessels or vehicles (article 63) and notices (article 64). 11 Saving for Trinity House (article 65) and Crown Rights (article 66). 12 To facilitate the above, the Order repeals and revokes the Acts and Orders set out in Schedule 4 and amends the St Ives (Pilotage) Harbour Revision Order 1988 (S.I. 1988/1500), the Penzance and Newlyn (Pilotage) Harbour Revision Order 1988 (S.I. 1988/1495) and the Stratton and Bude Improvement Act 1901 (1 Edw. 7. Ch. cclvii) (articles 67 and 68). 13 Article 2(1) and Schedule 5 make clear that the “undertaking” means the undertaking for the time being of the Council relating to any or all of the harbours as authorised by this Order and the Acts and Orders listed in Schedule 5 (to the extent that those Acts and Orders relate to the harbours or any one of them). 14 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 together with a copy of the harbour limits plans is available alongside the instrument on the UK legislation website at 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