UK Offence Report

Identity of Master

article 13(1) of The Port of Southampton 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

Any owner refusing to give such information or by their own negligence or default being unable to give the name and address of such person is 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 This is the text as originally made; later amendments are not shown here.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
an owner
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 owner 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 13(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. Doing what the provision prohibits, or failing to do what it requires under the Port of Southampton Harbour Revision Order 2025.

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
21 February 2025
In force from
20 March 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 Associated British Ports (“A. B. Ports”) updates the statutory harbour authority powers applying in relation to the Port of Southampton (“the Port”) and provides for: 1 The amendment of the Southampton Harbour Act 1887 (1887 Ch. lii) to ensure that the definition of the limits of the Port includes the dock estate (article 3). An illustrative plan showing the Port may be inspected during working hours at the main office of A.B. Ports at Ocean Gate, Atlantic Way, Southampton, Hampshire SO14 3QN or on http://www.southamptonvts.co.uk/ (article 4). 2 Additional powers to be conferred on the harbour master (defined in article 2) at the Port to make directions regulating use of the Port, including requiring the preparation and provision of information, which would cover the provision of risk assessments in a case where the harbour master reasonably considers that there is a risk to safety within the Port. 3 A procedure for giving, amending or revoking general directions and providing for their publication (articles 7 and 8). 4 The manner of giving, and the harbour master’s power to amend or revoke, special directions are set out at article 6. 5 The creation of an offence of failing to comply with general or special directions, the penalty for which is a fine on summary conviction not exceeding level 4 on the standard scale (article 9). A defence of due diligence is available to a person charged under article 9 (article 9(3)). 6 Consequential amendments to local legislation applying to the Port (article 12). This Order amends section 52 of the Harbours, Docks and Piers Clauses Act 1847 (c. 27) (“the 1847 Act”) in its application to the Port by updating the definition of vessel and the Order also disapplies section 53 of the 1847 Act. This Order amends section 17 of the Southampton Harbour Act 1863 (cap.cxix). This Order repeals section 13 of the Southampton Harbour Act 1939 (c.lxxxiii). 7 The creation of an offence for the owner of a vessel of refusing to give the harbour master information as to the person who at any given time was the master of the vessel. The penalty for this offence is a fine on summary conviction not exceeding level 4 on the standard scale (article 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 is available alongside this Order on the UK legislation website at 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