UK Offence Report

Offences as to moorings

article 45(1) of The Portsmouth International Port and Camber Harbour Revision Order 2025

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 commits an offence if they—

a intentionally obstruct any person acting under the authority of the Council in setting out moorings;

b intentionally and without lawful authority pull up or remove any mooring or any part of any mooring in the port;

c place, lay down, maintain, renew or have in the port any mooring not provided under article 43 (power to lay moorings) or licensed under article 44 (power to licence moorings); or

d without reasonable excuse cause or permit

a vessel to be moored at

a mooring, except

a mooring provided under article

43 or licensed under article 44, which the person or vessel concerned is entitled to use.

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 This is the text as originally made; later amendments are not shown here.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
An element of the offence, for the prosecution to prove

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

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: mens rea word in the offence-creating words: intentionally; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

licensed under article 44 (power to licence moorings); or d without reasonable excuse cause or permit a vessel to be moored at a mooring, except a mooring provided under article 43 or licensed under article 44, which the person or vessel concerned is entitled to use.

What would breach article 45(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. Refusing to let an inspector onto premises they are entitled to enter under the Portsmouth International Port and Camber Harbour Revision Order 2025.
  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
£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 November 2025
In force from
15 December 2025
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 Portsmouth City Council relates to the statutory undertakings which form part of Portsmouth International Port and the Camber which together form the port. It modernises and consolidates the statutory harbour powers which apply in relation to the port, so that in the future it will be governed under the Order, and the Acts and Orders listed in Schedule 3. The Order provides for— 1 The jurisdiction (article 4) and general functions (article 5) of the Council as the statutory harbour authority for the port, including plans of the port (including the port premises) which can be inspected during working hours at the office of the Marine Management Organisation, Tyneside House, Skinnerburn Road, Newcastle Business Park, Newcastle upon Tyne NE4 7AR and office hours at the port office located at Portsmouth International Port Office, Northern Exit Building, Whale Island Way, Portsmouth PO2 8EB. 2 The establishment of an advisory body or bodies consisting of port stakeholders with whom the Council is required to consult on material matters (article 6). 3 Powers to vest in the Council relating to finances including application (article 7), establishment of a reserve fund (article 8), as well as borrowing powers (articles 9 and 10). 4 Powers relating to aids to navigation (article 11), repair of landing places (article 12), works and dredging (article 13), control of certain operations and works of statutory undertakers (article 14), licensing (articles 15 and 16), appeals in respect of works or dredging licences (article 17), and penalties for obstruction of works (article 18). 5 Modernised powers of management and control of the port to vest in the Council including provisions relating to parking places (article 19), removal of vehicles and vessels (article 20), and byelaws (articles 21, 22 and Schedule 1). 6 Powers of general direction and special direction on the Council and the harbour master (defined in article 2) for the regulation and management of the port (articles 23 to 31) (a register of all in force general directions may be inspected during office hours at the port office (article 23)). This Order creates an offence of failing to comply with special directions or general directions, the penalty for which is a fine on summary conviction not exceeding level 4 on the standard scale (article 28). A defence of due diligence is available to a person charged under article 28 (article 28(2)). 7 A modern suite of charging powers (articles 32 to 41) including exemptions from ship, passenger and goods dues (article 39) and prevention of sailing of vessels (article 41). 8 Powers relating to dredging (article 42), moorings (articles 43 to 45), the development of land (article 46), power to grant tenancies and dispose of land (article 47), power to appropriate lands and works for particular uses, etc. (article 48), other commercial activities (article 49), and power to delegate functions (article 50). 9 Powers relating to bunkering (article 51), disposal of wrecks (article 52), unserviceable vessels (article 53), removal of obstructions other than vessels (article 54) and boarding of vessels or vehicles (article 55). 10 Provisions relating to tidal works (article 56), power of the Council to prosecute or defend legal proceedings (article 57) and notices (article 58). 11 Saving for Trinity House (article 59), the King’s Harbour Master (article 60) and Crown Rights (article 61). 12 To facilitate the above, the Order repeals and revokes the Acts and Orders set out in Schedule 2 (article 69) and amends the Acts and Orders set out in articles 62 to 68. 13 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 port limits plans and the port premises plans is available alongside the instrument on the UK legislation website at .

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 “commits 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