UK Offence Report

Repair of landing places, etc.

article 27(3) of The Poole 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

3 If a person served with a notice under paragraph (1) fails without reasonable excuse to comply with the requirements of the notice within the time stated in the notice, or such other time as the Secretary of State on an appeal may substitute— a that person is liable on summary conviction to a fine not exceeding level 3 on the standard scale; and b the Commissioners may carry out the work required by the notice and may recover the reasonable expenses of doing so from the person on whom the notice was served.

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 This is the text as originally made; later amendments are not shown here.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

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.

“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: no word of intention, knowledge, recklessness or negligence in the offence or its provision; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

If a person served with a notice under paragraph (1) fails without reasonable excuse to comply with the requirements of the notice within the time stated in the notice, or such other time as the Secretary of State on an appeal may substitute— a that person is liable on summary conviction to a fine not exceeding level 3 on the standard scale;

What would breach article 27(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 Poole 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
30 June 2026
In force from
23 July 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 the Poole Harbour Commissioners modernises and consolidates the statutory harbour powers which apply in relation to Poole Harbour (‘the harbour’) and provides for— 1 The continued incorporation of the Commissioners (article 4) and related constitutional provisions (articles 5 to 12 and Schedules 1 and 2). 2 Powers of general direction to the Commissioners for the regulation and management of the harbour (articles 13 to 16). This Order creates an offence of failing to comply with general directions, the penalty for which is a fine on summary conviction not exceeding level 4 on the standard scale (article 16). A defence of due diligence is available to a person charged under article 16(1). 3 The clarification of the responsibility of masters in relation to general directions (article 17), the power for a duly authorised officer of the Commissioners to enter and inspect a vessel or vehicle for the purposes of any enactment relating to the harbour, including enforcement (article 18), and savings for existing directions and byelaws etc. (article 19). 4 Clarification of the extent of harbour premises, including a requirement for the Commissioners to publish and maintain an illustrative plan of the harbour premises (article 20). 5 The establishment of one or more advisory bodies consisting of harbour stakeholders with whom the Commissioners are required to consult on material matters (article 21). 6 Powers relating other commercial activities (article 22), the delegation of functions (article 23), bunkering (article 24), aids to navigation (article 25), dredging (article 26), and the repair of landing places (article 27). 7 Powers relating to the control and licensing of works and dredging (articles 28 to 32). 8 Provisions relating tidal works (article 33), the power of the Commissioners to prosecute or defend legal proceedings (article 34), and notices (article 35). 9 Savings for Trinity House (article 36) and Crown Rights (article 37). 10 The Order revokes and repeals (as appropriate) the Acts and Orders set out in article 41 and Schedule 3 to the Order and amends the 1999 Order, the 2012 Order and the 2015 Order as set out in articles 38 to 40. 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 premises map 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