UK Offence Report

Repair of landing places, etc.

article 43(3)(a) of The Lyme Regis, Bridport (West Bay) and Weymouth Harbour Revision Order 2026

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

a that person is liable on summary conviction to

a fine not exceeding level

3 on the standard scale; and

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 This is the text as originally made; later amendments are not shown here.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 43(3)(a)?

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 Lyme Regis, Bridport (West Bay) and Weymouth Harbour Revision Order 2026.

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
26 January 2026
In force from
20 February 2026
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 Dorset Council, relates to Lyme Regis, Bridport (West Bay) and Weymouth harbours. This Order modernises and consolidates the statutory harbour powers applying in relation to Lyme Regis harbour and Bridport (West Bay) harbour (‘the harbours’), and provides for— 1 The jurisdiction (article 4) and general functions (article 5) of the Council as the statutory harbour authority for the harbours and provides clarity on the limits of the harbours (article 6) including plans of the harbour limits and the harbour premises which can be inspected during office hours at the relevant harbour office located at Harbour Masters Office, The Cobb, Lyme Regis DT7 3JJ and Harbour Masters Office, Esplanade, West Bay, Bridport DT6 4HE and available via the relevant harbour website at www.lymeregisharbour.co.uk and www.bridportharbour.co.uk. 2 Powers to vest in the Council relating to finances including application (article 7), reserve fund (article 8) and borrowing powers (article 9). 3 A modern suite of charging powers (articles 10 to 20) including exemptions from ship, passenger and goods dues (article 18) and prevention of sailing of vessels by the harbour master (article 20). 4 Powers of general direction and special direction to the Council and the harbour master (defined in article 2) for the regulation and management of the harbour (articles 21 to 27). A register of all in force general directions may be inspected during office hours at the relevant harbour office and on the relevant harbour website (article 21). 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 25). A defence of due diligence is available to a person charged under article 25 (article 25(2)). 5 Modern byelaw powers (articles 28 and 29), including savings for existing directions, byelaws etc. (article 30). 6 The establishment of one or more advisory bodies consisting of harbour stakeholders with which the Council are required to consult on material matters (article 31). 7 Powers relating to development of land (article 32), power to grant tenancies and dispose of land (article 33), power to appropriate lands and works for particular uses, etc. (article 34), other commercial activities (article 35), and power to delegate functions (article 36). 8 Powers relating to moorings (articles 37 to 39), bunkering (article 40), aids to navigation (article 41), power to dredge (article 42), and repairing of landing places (article 43). 9 Powers relating to disposal of wrecks (article 44), unserviceable vessels (article 45), removal of obstructions other than vessels (article 46), and boarding of vessels or vehicles (article 47). 10 Provisions relating to tidal works (article 48), power of the Council to prosecute or defend legal proceedings (article 49), and notices (article 50). 11 Savings for Trinity House (article 51) and Crown Rights (article 52). 12 To facilitate that above, the Order repeals and revokes the Acts and Orders (article 55) set out in Schedule 3. 13 The Order also modernises the power of general direction granted in respect of Weymouth Harbour in the Weymouth Harbour Revision Order 2021 and makes other minor amendments to that Order (article 54 and Schedule 2). It also provides for a restriction of section 33 of the Harbours, Docks and Piers Clauses Act 1847 (‘the Open Port Duty’), in its application to Weymouth harbour so that the duty only applies to vessels up to 24 metres in length (article 53(1)). It also provides that the Open Port Duty does not apply to the area shaded red on the peninsula plan (article 53(2)). 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, the harbour premises plans and the peninsula plan 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
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