UK Offence Report

Incorporation of provisions of Harbours, Docks and Piers Clauses Act 1847

article 3(3) of The Portreath, Portscatho and Portwrinkle Harbour Empowerment 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

3 Section

69 of the Act of 1847 (combustible matters on quays, &c., to be removed) shall have effect subject to the modification that for the words from “shall forfeit” to the end of the section there are substituted the words “shall be 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 This is the text as originally made; later amendments are not shown here.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
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(3)?

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 Portreath, Portscatho and Portwrinkle Harbour Empowerment Order 2023.

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
20 June 2023
In force from
17 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 harbours of Portscatho, Portreath and Portwrinkle and makes the Council the statutory harbour authority in respect of each of them. The Order provides for: 1 The Council to become the statutory harbour authority for the harbours and to have jurisdiction over the harbours (including the harbour premises) as set out in article 4 (harbours jurisdiction) and the Schedule (limits of the harbours). The harbour limits plans may 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 Cornwall Council. The plans are also available electronically on the Council’s harbours website www.cornwallharbours.co.uk. 2 The amendment of article 2 and Schedule 1 of the Cornwall Harbours Harbour Revision Order 2023 (S.I. 2023/675) to apply its provisions to the harbours, so that the harbours will all be governed under the provisions of the Cornwall Harbours Harbour Revision Order 2023 (article 5). 3 The amendment of article 50 (power to dredge) of the Cornwall Harbours Harbour Revision Order 2023 so that the dredging exemption in section 75 of the Marine and Coastal Access Act 2009 does not apply to the Portreath, Portscatho and Portwrinkle harbours (article 5). 4 The amendment of Schedule 5 (Acts and Orders) of the Cornwall Harbours Harbour Revision Order 2023 to insert a reference to this Order (article 5). 5 Crown Rights (article 6) and Saving for Trinity House (article 7). A full impact assessment has not been prepared for this instrument as no, or no significant, impact is 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 0.72.

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