text:
Citation, commencement and revocation
1
1
These Regulations may be cited as the Merchant Shipping (Port State Control) Regulations 2011.
2
These Regulations come into force on 24th November 2011.
3
The Merchant Shipping (Port State Control) Regulations 1995 are revoked.
PART 1
IMPLEMENTATION OF DIRECTIVE 2009/16/EC
Interpretation of Part 1
2
1
In Part 1 of these Regulations —
“ the Act ” means the Merchant Shipping Act 1995;
“British ship” has the meaning given by section 1 of the Act;
“the Commission” means the Commission of the European Union;
“Conventions” means —
the International Convention on Load Lines, 1966 ( LL 66 );
the International Convention for the Safety of Life at Sea, 1974 ( SOLAS 74 );
the International Convention for the Prevention of Pollution from Ships, 1973, and the 1978 Protocol relating thereto ( MARPOL 73/78 );
the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 ( STCW 78/95 );
the Convention on the International Regulations for Preventing Collisions at Sea, 1972 ( COLREG 72 );
the International Convention on Tonnage Measurement of Ships, 1969 ( ITC 69 );
the Merchant Shipping (Minimum Standards) Convention, 1976 ( ILO No 147 ); and
the International Convention on Civil Liability for Oil Pollution Damage, 1992 ( CLC 92 );
together with the Protocols and amendments to these Conventions and related Codes of mandatory status, in force at 27th October 2011, and thereafter in their up-to-date versions in so far as those versions:
relate to all or any of the purposes set out in section 85(1) of the Act;
are considered by the Secretary of State to be relevant from time to time; and
are specified in a Merchant Shipping Notice;
and a reference to a Convention is a reference to any of the Conventions;
“Convention enactments” means —
the Act; and
statutory instruments made under the Act (including statutory instruments made under an order made under the Act) which implement the Conventions;
“the Directive” means Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control;
“expanded inspection” means an inspection which covers at least the items listed in Annex VII to the Directive;
“fishing vessel” means a vessel used for catching fish, whales, seals, walrus or other living resources of the sea;
“flag administration” in relation to a ship means the administration of the State whose flag the ship is entitled to fly;
“ IMO ” means the International Maritime Organisation;
“initial inspection” means a visit on board a ship by an inspector in order to check compliance with the relevant Conventions including at least the checks set out in Article 13.1 of the Directive;
“the inspection database” means the information system developed, maintained and updated by the Commission in accordance with Article 24 of the Directive;
“inspector” means a person duly authorised by the Secretary of State to carry out inspections required by these Regulations;
“Maritime and Coastguard Agency” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport;
“Member State” includes an EEA State;
“Merchant Shipping Notice” means a Notice described as such, issued by the Maritime and Coastguard Agency, and reference to a specific Merchant Shipping Notice includes a reference to any document amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;
“more detailed inspection” means an inspection where the ship, its equipment and crew as a whole or parts thereof are subjected to an in-depth examination covering the ship’s construction, equipment, manning, living and working conditions and compliance with on-board operational procedures;
“owner” includes, in relation to a ship, any operator, manager, charterer or agent of the ship;
“port authority” means a harbour authority within the meaning of the Harbours Act 1964 or, in Northern Ireland, of the Harbours Act (Northern Ireland) 1970 , or if there is no such authority, the person having control of the operation of the port;
“refusal of access notice” means a decision issued by the Secretary of State or the competent authority of another Member State to the master of the ship, to the company responsible for the ship and to the flag State notifying them that the ship will be refused access to all ports and anchorages in the territory of any Member State;
“ship” means a seagoing vessel to which one or more of the Conventions applies and includes hovercraft;
“United Kingdom waters” has the meaning given in section 313(2) (a) of the Act; and
the following expressions have the meanings given in Article 2 of the Directive —
classification certificate;
company;
complaint;
Paris MOU;
Paris MOU region;
recognised organisation;
ship at anchorage;
ship/port interface;
statutory certificate; and
stoppage of an operation.
2
References in these Regulations to an Annex to the Directive are references to that Annex as amended from time to time .
3
References in these Regulations to the United Kingdom include United Kingdom waters.
Application of Part 1
3
1
Part 1 of these Regulations applies to any ship and its crew calling at a port or anchorage in the United Kingdom to engage in a ship/port interface.
2
These Regulations do not apply to —
a
a British ship;
b
a fishing vessel;
c
a warship;
d
a naval auxiliary;
e
a wooden ship of primitive build;
f
a government ship used for non-commercial purposes; or
g
a pleasure yacht not engaged in trade.
3
An inspector must, when exercising functions in respect of a ship below 500 gross tonnage —
a
have regard to Annex 1 to the Paris MOU;
b
to the extent a Convention applies to the ship, apply the requirements of that Convention; and
c
to the extent a Convention does not apply to the ship, take such action as may be necessary to ensure that the ship is not clearly hazardous to safety, health or the environment.
4
An inspection in the United Kingdom of a ship, while not in a port, is considered an inspection for the purposes of these Regulations.
5
Where —
a
a ship is detained under a Convention enactment; or
b
the master of such a ship is served with a detention notice under such an enactment;
section 284 of the Act (enforcing detention of a ship) applies in relation to the ship as if any reference to proceeding to sea were a reference to proceeding contrary to the detention notice and references to sending or taking to sea were construed accordingly.
Inspection commitment
4
1
The Secretary of State must in each calendar year ensure the carrying out of the United Kingdom’s share of the total number of inspections to be carried out annually within the European Union and the Paris MOU region.
2
The United Kingdom’s share of the total number of inspections is that determined pursuant to Article 5 of the Directive.
3
An inspection is —
a
an initial inspection;
b
a more detailed inspection; or
c
an expanded inspection.
Initial inspections and more detailed inspections
5
1
Subject to paragraph (2), in carrying out an inspection of a ship the inspector must as a minimum carry out an initial inspection.
2
If —
a
after an inspection complying with Article 13.1 of the Directive has been carried out in any Member State, deficiencies to be rectified in the ship’s next port of call have been recorded in the inspection database; and
b
that next port of call is in the United Kingdom;
the inspector must, if carrying out an inspection of that ship, as a minimum comply with the requirements of Article 13.1(b).
3
A more detailed inspection must be carried out when there are clear grounds for believing, after an initial inspection, that the condition of a ship or of its equipment or crew does not substantially meet the relevant requirements of a Convention.
4
For the purposes of paragraph (3) and regulation 6(3) —
a
clear grounds exist when the inspector finds evidence which in the inspector’s professional judgement warrants a more detailed inspection of the ship, its equipment or its crew; and
b
examples of clear grounds are set out in Annex V to the Directive.
Expanded inspection of certain ships
6
1
This regulation applies to ships in the categories set out in Article 14.1 of the Directive.
2
If such a ship is eligible for an expanded inspection in accordance with paragraphs 3A and 3B in Part II of Annex I to the Directive and is to call at a port or anchorage in the United Kingdom, its owner or master must —
a
notify the Secretary of State of that intention;
b
include in that notification the information prescribed by Annex III to the Directive;
c
use electronic means whenever possible to make that notification;
d
make that notification —
i
at least three days before the expected time of arrival at the port or anchorage; or
ii
if the voyage to the port or anchorage is expected to take less than three days, before leaving the previous port or anchorage.
3
An expanded inspection may include a more detailed inspection whenever there are clear grounds for believing that the condition of a ship or of its equipment or crew does not substantially meet the relevant requirements of a Convention, as described in regulation 5(4).
4
The ship’s owner or master must ensure that sufficient time is available in the operating schedule to allow the expanded inspection to be carried out.
5
Without prejudice to control measures required for security purposes, the ship must not leave the port or anchorage until the inspection is completed.
6
On receipt of the notification by the Secretary of State, if an expanded inspection of the ship will not be carried out, an inspector must notify the ship’s master or owner of that.
Report of inspection to the master
7
On completion of an initial inspection, a more detailed inspection or an expanded inspection, the inspector must draw up a report in accordance with Annex IX to the Directive and must provide the ship’s master with a copy of the report.
Professional profile of inspectors
8
1
Subject to paragraph (2), inspections under these Regulations must not be carried out by persons who do not fulfil the qualification criteria specified in Annex XI to the Directive.
2
Where an inspector with the required professional expertise cannot be provided by the Secretary of State, the inspector may be assisted by any person with the required professional expertise.
3
An inspector and any person assisting an inspector must have no commercial interest either in the port of inspection or in the ships inspected, nor must the inspectors be employed by, or undertake work on behalf of, non-governmental organisations which issue statutory and classification certificates or which carry out surveys necessary for the issue of those certificates to ships.
Rectification and detention
9
1
A ship’s owner must satisfy the Secretary of State that any deficiencies which are confirmed or revealed by an initial inspection, more detailed inspection or expanded inspection, are or will be rectified in accordance with the Conventions.
2
Where such deficiencies are clearly hazardous to safety, health or the environment, the inspector must detain the ship, or require the stoppage of the operation in the course of which the deficiencies have been revealed, using powers of detention in Convention enactments as appropriate, or issuing a prohibition notice under section 262 of the Act, as the case may be.
3
A detention notice issued in the circumstances described in paragraph (2) may:
i
include a direction that a ship must remain in a particular place, or must move to a particular anchorage or berth; and
ii
specify circumstances when the master of the ship may move that ship from a specified place for reasons of safety or prevention of pollution.
4
Measures imposed by an inspector in the circumstances described in paragraph (2) must not be lifted until the Secretary of State has established that the ship can, subject to any necessary conditions, proceed to sea or the operation be resumed without risk to the safety and health of passengers or crew, or risk to other ships, or without there being an unreasonable threat of harm to the marine environment.
5
Without prejudice to any other requirement in the Convention enactments, when exercising professional judgement as to whether or not a ship should be detained the inspector must apply the criteria set out in Annex X to the Directive.
6
A ship must be detained if it is not equipped with a functioning voyage data recorder system, when its use is compulsory in accordance with Directive 2002/59/EC of the European Parliament and of the Council of 23 June 2002 establishing a Community vessel traffic monitoring and information system .
7
If the deficiency mentioned in paragraph (6) cannot readily be rectified in the port of detention, the inspector may either allow the ship to proceed to the appropriate repair yard nearest to the port of detention where it is capable of being rectified and is to be so rectified, or require that the deficiency be rectified within a maximum period of 30 days.
8
In exceptional circumstances, where the overall condition of a ship is obviously substandard, the inspector may, in addition to detaining the ship, suspend the inspection of that ship until the responsible parties have taken the steps necessary to ensure that it complies with the relevant requirements of the Conventions.
9
If a ship is detained following an initial inspection, a more detailed inspection or an expanded inspection, the Secretary of State must immediately inform, in writing —
i
the ship’s flag administration; or, if this is not possible,
ii
the Consul of the State of the flag administration; or, in the Consul’s absence,
iii
the nearest diplomatic representative of the State of the flag administration.
10
The written information referred to in paragraph (9) must set out all the circumstances relating to the decision to detain the ship and must include the report of inspection.
11
Where paragraph (9) applies the Secretary of State must also notify all relevant —
i
nominated surveyors; or
ii
recognised organisations;
responsible for the issue of classification certificates or statutory certificates.
12
The provisions of these Regulations do not prejudice the additional requirements of the Conventions concerning notification and reporting procedures related to port State control.
13
When carrying out an inspection under these Regulations, the inspector must make all possible efforts to avoid a ship being unduly detained or delayed.
14
The risk of port congestion must not be a consideration in a decision to detain a ship or to release a ship from detention.
Refusal of access
10
1
A ship —
a
which is described in paragraph (2), or
b
in respect of which a refusal of access notice has been issued,
must not enter any port or anchorage in the United Kingdom.
2
a
A ship which —
i
flies the flag of a State whose detention rate falls on the black list, adopted in accordance with the Paris MOU on the basis of information recorded in the inspection database and published annually by the Commission; and
ii
has been detained, or issued with a prevention of operation order under Directive 1999/35/EC on a system of mandatory surveys for regular ro-ro ferry and high-speed passenger craft services , more than twice in the course of the preceding 36 months in a port or anchorage of a Member State or of a State signatory of the Paris MOU.
b
A ship which —
i
flies the flag of a State whose detention rate falls on the grey list, adopted in accordance with the Paris MOU on the basis of information recorded in the inspection database and published annually by the Commission; and
ii
has been detained, or issued with a prevention of operation order under Directive 1999/35/EC , more than twice in the course of the preceding 24 months in a port or anchorage of a Member State or of a State signatory of the Paris MOU.
Power to issue refusal of access notice
11
1
The Secretary of State must issue a refusal of access notice in respect of a ship described in paragraph (2) or paragraph (3).
2
A ship described in regulation 10(2) which is the subject of a third or subsequent detention when within a port or anchorage in the United Kingdom.
3
A ship which is subject to a detention, after two or more refusal of access notices have been served in respect of it by the Secretary of State or any Member State, when within a port or anchorage in the United Kingdom.
Effect of refusal of access notice
12
1
A refusal of access notice takes effect when the ship to which it applies leaves the port or anchorage where the refusal of access notice was issued.
2
A first or second refusal of access notice ceases to have effect when —
a
the requirements of paragraphs 3 to 9 of Annex VIII to the Directive have been met; and
b
i
if it is the first refusal of access notice in respect of that ship, three months have passed from the date of issue of the notice; or
ii
if it is the second refusal of access notice in respect of that ship, twelve months have passed from the date of issue of the notice.
3
A third refusal of access notice ceases to have effect if —
a
24 months have passed from the date of issue of the notice;
b
the ship in respect of which it was served is not entitled to fly the flag of a State whose detention rate falls into the black list or the grey list, adopted in accordance with the Paris MOU on the basis of information recorded in the inspection database and published annually by the Commission;
c
the statutory and classification certificates of that ship are issued by an organisation recognised under Regulation (EC) No 391/2009 of the European Parliament and the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations;
d
that ship is managed by a company with a high performance determined in accordance with paragraph 1.1 of Annex I to the Directive; and
e
the requirements of paragraphs 3 to 9 of Annex VIII to the Directive have been met.
4
If, after 24 months, the requirements of paragraph (3) (b), (c), (d) and (e) have not been complied with in respect of a ship, the refusal of access notice becomes permanent.
5
A ship which is detained in a port or anchorage within the European Union after a third refusal of access notice has been issued in respect of it must not enter any port or anchorage in the United Kingdom.
Power to permit prohibited ships to enter port
13
1
Notwithstanding regulations 10, 12 and 17, if this regulation applies the Secretary of State may allow a ship access to a specific port or anchorage in the United Kingdom.
2
This regulation applies if the Secretary of State —
a
considers that a circumstance in paragraph (3) applies in relation to the ship; and
b
is satisfied that adequate measures to ensure safe entry have been implemented by the owner or master of the ship.
3
The circumstances are —
a
force majeure;
b
overriding safety considerations;
c
the need to reduce or minimise the risk of pollution; or
d
the need to have deficiencies rectified.
Rights of appeal and compensation
14
1
Regulations 15 and 16 apply in relation to the exercise of the power of detention or refusal of access in any Convention enactment except the Act and the Merchant Shipping (Survey and Certification) Regulations 1995 .
2
Section 96 of the Act (references of detention notices to arbitration) applies in relation to a refusal of access notice issued under this Part of these Regulations as it applies to a detention notice under section 95(3) of that Act, as if it were modified as follows —
a
the references to “relevant inspector” were to a person making an inspection under this Part of these Regulations; and
b
the following words were omitted —
i
in subsection (1), “in pursuance of section 95(3)(b)”;
ii
in subsection (2), from “unless” to the end;
iii
in subsection (3), “to whether the ship was or was not a dangerously unsafe ship”; and
iv
in subsection (5), “as a dangerously unsafe ship”.
3
Section 97 of the Act (compensation in connection with invalid detention of ship) applies in relation to a ship to which this Part of these Regulations applies as if, for subsection (1), there were substituted —
1
If on a reference under section 96 relating to a detention notice or refusal of access notice issued in relation to a ship, the owner of the ship shows to the satisfaction of the arbitrator that —
a
any matter did not constitute a valid basis for the relevant inspector’s opinion, and
b
there were no reasonable grounds for the inspector to form that opinion,
the arbitrator may award the owner such compensation in respect of any loss suffered by him in consequence of the detention of the ship or the service of the refusal of access notice as the arbitrator thinks fit.
.
4
In the operation of sections 264 and 265 of the Act, as applied by regulation 25 of the Merchant Shipping (Survey and Certification) Regulations 1995, as those sections apply in relation to a detention notice or order served under that regulation on the master of a ship which is not a British ship —
i
notwithstanding paragraph (2)(d) of that regulation, the giving of a notice under section 264 (as applied by those Regulations) does not operate to suspend the operation of the detention notice or order; and
ii
on a reference under section 264 (as applied by those Regulations) the burden of satisfying the arbitrator as to the matters specified in section 265(1) (a) and (b) lies with the person on whom the notice was served.
Arbitration
15
1
Any question as to whether a matter falling within paragraph (2) constituted a valid basis for the inspector’s opinion must, if the master or owner of the ship so requires by a notice given to the inspector within 21 days from the service of the detention notice or refusal of access notice, be referred to a single arbitrator appointed by agreement between the parties for that question to be decided by the arbitrator.
2
A matter falls within this paragraph if it is specified in relation to a ship in a detention notice or refusal of access notice in pursuance of a power of detention or refusal of access to which this regulation applies in connection with any opinion formed by the inspector.
3
Where a notice is given by the master or owner of the ship in accordance with paragraph (1), the giving of the notice does not suspend the operation of the detention notice or refusal of access notice.
4
The arbitrator must have regard to any matter not specified in the detention notice or refusal of access notice which appears to the arbitrator to be relevant as to whether the ship was or was not liable to be detained or served with a refusal of access notice.
5
Where the arbitrator decides, as respects a matter to which the reference relates, that in all the circumstances the matter did not constitute a valid basis for the inspector’s opinion, the arbitrator must —
a
cancel the detention notice or refusal of access notice, as the case may be; or
b
affirm it with such modifications as the arbitrator may in the circumstances think fit.
6
In any case other than one described in paragraph (5) the arbitrator must affirm the detention notice or refusal of access notice in its original form.
7
The arbitrator must include in his decision a finding whether there was or was not a valid basis for the detention of the ship or for the service of a refusal of access notice.
8
A person is not qualified for appointment as an arbitrator under this regulation unless he is:
a
a person holding a certificate of competency as a master mariner or as a marine engineer officer class 1, or a person holding a certificate equivalent to any such certificate;
b
a naval architect;
c
a person falling within paragraph (9); or
d
a person with special experience of shipping matters, of the fishing industry, or of activities carried on in ports.
9
For the purposes of paragraph (8)(c) a person falls within this subsection if that person —
a
satisfies the judicial-appointment eligibility condition on a 7 year basis within the meaning of section 50 of the Tribunals, Courts and Enforcement Act 2007 ;
b
is an advocate or solicitor in Scotland of at least 7 years’ standing; or
c
is a member of the bar of Northern Ireland or solicitor of the Court of Judicature of Northern Ireland of at least 7 years’ standing.
10
In connection with functions under this regulation an arbitrator has the powers conferred on an inspector by section 259 of the Act.
11
In the application of this regulation to Scotland any reference to an arbitrator is to be construed as a reference to an arbiter, and the reference in paragraph (1) above to a single arbitrator appointed by agreement between the parties is to be construed as a reference to a single arbiter so appointed or, in default of agreement, appointed by the sheriff.
Compensation for unjustified detention
16
1
If on a reference under regulation 15 relating to a detention notice or refusal of access notice, the arbitrator decides that the owner has proved —
a
that the matter complained of did not constitute a valid basis for the inspector’s opinion; and
b
that there were no reasonable grounds for the issue of the detention notice or refusal of access notice;
the arbitrator must award the owner of the ship such compensation in respect of any loss suffered in consequence of, as the case may be, the detention of the ship or the issue of a refusal of access notice, as the arbitrator thinks fit.
2
Any compensation awarded under this regulation is payable by the Secretary of State.
3
In the application of this regulation to Scotland any reference to an arbitrator is to be construed as a reference to an arbiter.
Prohibition on detained ships requiring repair from entering port
17
1
A ship which falls within paragraph (2) and proceeds to sea from any port or anchorage in any Member State —
a
without complying with the conditions determined by the competent authority of the Member State in the port of inspection; or
b
without calling into the indicated repair yard;
must not enter any port or anchorage within the United Kingdom until the owner has provided evidence to the satisfaction of the competent authority referred to in sub-paragraph (a) that the ship fully complies with all applicable requirements of the Conventions.
2
A ship falls within this paragraph if it —
a
was detained in a port in a Member State after an inspection revealed deficiencies clearly hazardous to safety, health or the environment; or
b
was so detained and was allowed by the competent authority of the Member State to proceed to the appropriate repair yard nearest to the port of detention.
Power to permit detained ships to proceed to repair yard
18
1
Where deficiencies referred to in regulation 9(2) cannot be rectified in the port of inspection, an inspector may allow the ship to proceed without undue delay to the appropriate repair yard nearest to the port of detention, as chosen by the master and authorities concerned, where follow-up action can be taken, provided that the conditions determined by the competent authority of the flag administration and agreed by the inspector are complied with.
2
Such conditions must ensure that the ship can proceed without risk to the safety and health of passengers or crew, or risk to other ships, or without there being an unreasonable threat of harm to the marine environment.
Duty on pilots and port authorities to report anomalies
19
1
This regulation applies to a pilot falling within paragraph (2) who is —
a
engaged in the berthing or unberthing of a ship to which this Part of these Regulations applies in the United Kingdom; or
b
engaged on such a ship —
i
bound for a port in the United Kingdom; or
ii
in transit through United Kingdom waters.
2
A pilot falls within this paragraph if —
a
the pilot is authorised under the Pilotage Act 1987 ; or
b
the pilot boards the ship in the United Kingdom.
3
If a pilot learns, in the course of their normal duties, that there are apparent anomalies which may prejudice the safe navigation of the ship, or which may pose a threat of harm to the marine environment, the pilot must immediately inform —
a
if the pilot falls within paragraph (2)(a), the port authority which authorised the pilot;
b
in any other case,
i
the Secretary of State; or
ii
the competent authority of a coastal Member State.
4
If a port authority —
a
receives information from a pilot in accordance with paragraph (3)(a); or
b
learns, in the course of its normal duties, that a ship within its port has apparent anomalies which may prejudice the safety of the ship or poses an unreasonable threat of harm to the marine environment;
that authority must immediately inform the Secretary of State.
5
The information provided in accordance with paragraph (3) or (4) must be in electronic format whenever possible and must include —
a
the ship’s name, IMO number and call sign;
b
the flag under which the ship is sailing;
c
the previous port of call;
d
the port of destination; and
e
a description of the apparent anomalies.
Duty on port authorities to report ship arrivals and departures, etc
20
1
A port authority must provide the information specified in paragraph (2) in respect of each ship calling at its port or anchorage to the Secretary of State, in a reasonable time and, whenever possible, in electronic format.
2
The information is —
a
the identifier of the port concerned;
b
the ship’s name, IMO number and call sign; and
c
the ship’s actual time of arrival or departure as appropriate.
3
A port authority must also provide the Secretary of State with information in its possession about —
a
a ship which fails to notify any information in accordance with —
i
Directive 2000/59/EC (port reception facilities) ;
ii
Directive 2002/59/EC (vessel traffic monitoring);
iii
Regulation (EC) No 725/2004 ;
b
a ship which proceeds to sea without having complied with Article 7 or 10 of Directive 2000/59/EC ;
c
a ship which has been denied entry or expelled from port on security grounds;
whether such information or compliance is required by United Kingdom law or not.
4
The information provided in accordance with paragraph (3) must include the ship’s name, IMO number and call sign.
Complaints
21
1
If a complaint relating to a ship is submitted to the Secretary of State, the Secretary of State must make an assessment of it as quickly as possible to determine whether it is justified.
2
If the complaint is determined to be justified, the Secretary of State must —
a
inform the complainant of that conclusion and of any follow-up action taken with regard to the complaint;
b
ensure that anyone directly concerned by that complaint can make their views known;
c
take such action as the Secretary of State considers necessary;
d
inform the administration of the ship’s flag State, and the International Labour Organisation if appropriate, of the complaint and action taken.
3
If the complaint is determined not to be justified, the Secretary of State must inform the complainant of the reasons for this conclusion.
4
The identity of the complainant must not be revealed to the master or owner of the ship concerned by the Secretary of State or by an inspector.
5
An inspector interviewing any members of the crew of the ship concerning the complaint must —
a
ensure confidentiality during such interviews; and
b
report on such interviews to the Secretary of State.
Costs
22
1
All costs relating to any inspection for the purposes of, or in connection with, a refusal of access notice (including the lifting of a refusal of access notice) for which this Part of these Regulations provides are recoverable from the owner or their representative in the United Kingdom.
2
If a ship is detained pursuant to a Convention enactment for deficiencies in relation to the requirements of a Convention warranting the detention of the ship, or to regulation 9(6) —
a
all costs of inspections which confirm or reveal —
i
deficiencies in relation to the requirements of a Convention warranting the detention of the ship; or
ii
that the ship is not equipped with a functioning voyage data recorder system when its use is compulsory in accordance with Directive 2002/59/EC ; and
b
all costs relating to the detention in port or anchorage;
are recoverable from the owner or their representative in the United Kingdom.
3
Any detention made pursuant to this Part of these Regulations or a Convention enactment for those deficiencies must not be lifted until any fees payable under the Merchant Shipping (Fees) Regulations 2006 in respect of an inspection leading to it or arising from it and any other costs payable under paragraphs (1) and (2) have been paid, or the person to whom they are due has been provided with sufficient security for them.
Offences
23
1
Subject to regulation 18, if there is any contravention of a direction made pursuant to regulation 9(3) in respect of a ship, the owner and master are each guilty of an offence, and liable on summary conviction to a fine not exceeding the statutory maximum, or on conviction on indictment to imprisonment not exceeding two years, or a fine, or both.
2
Where a ship —
a
enters a port or anchorage in breach of regulation 10 or 17;
b
is permitted to leave a port pursuant to regulation 18(1) but fails to proceed to the repair yard specified; or
c
is a ship to which regulation 9(7) applies and which, as applicable —
i
fails to proceed to the repair yard specified; or
ii
fails to comply with the requirement that the deficiency be rectified within 30 days;
the owner and master are each guilty of an offence, and liable on summary conviction to a fine not exceeding the statutory maximum, or on conviction on indictment to imprisonment not exceeding two years, or a fine, or both.
3
Where a ship —
a
fails to give notification in breach of regulation 6(2);
b
leaves a port or anchorage in breach of regulation 6(5);
the owner and master are each guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4
A person who obstructs an inspector or any person assisting the inspector is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
5
A pilot who contravenes regulation 19(3) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
6
A port authority which contravenes regulation 19(4) or 20 is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
7
It is a defence —
a
for a person charged under this regulation to prove that they took all reasonable steps to avoid committing the offence; and
b
for a port authority charged under paragraph (6) with contravention of regulation 20 to prove that it had been informed by the Secretary of State that the Secretary of State was not ready to receive the information to which regulation 20 applies.
PART 2
RIGHTS OF APPEAL AND COMPENSATION IN RESPECT OF DETAINED SHIPS
24
1
Subject to paragraph (2) below, regulations 15 and 16 apply in relation to the exercise of the power of detention contained in —
a
any regulations made under the Merchant Shipping (Prevention of Oil Pollution) Order 1983 ;
b
any regulations made under the Merchant Shipping (Prevention and Control of Pollution) Order 1987 ; or
c
in safety regulations made, or treated as made, under section 85 of the Merchant Shipping Act as they apply in relation to the exercise of a power of detention in accordance with Part 1 of these Regulations.
2
Paragraph (1) above does not apply in relation to a ship which is not a United Kingdom ship in relation to —
a
the Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 1997 and
b
the Merchant Shipping (Ro-Ro Passenger Ships)(Stability) Regulations 2004 .
PART 3
FAMILIARITY OF CREW WITH OPERATIONAL PROCEDURES
25
1
Ships when in ports in the United Kingdom, and in the case of United Kingdom ships when elsewhere, are subject to inspection for the purpose of checking that the master and crew are familiar with essential procedures and operations relating to the safety of the ship.
2
Section 258 of the Act applies in relation to a ship in a port in the United Kingdom as if, in subsection (1), after “articles on board” there were inserted “the familiarity of the crew with essential procedures and operations relating to the safety of the ship”.
PART 4
REVIEW
26
1
The Secretary of State must from time to time —
a
carry out a review of these Regulations,
b
set out the conclusions of the review in a report, and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directive is implemented in other Member States.
3
The report must in particular —
a
set out the objectives intended to be achieved by the regulatory system established by these Regulations;
b
assess the extent to which those objectives are achieved; and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
4
The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.
5
Reports under this regulation are afterwards to be published at intervals not exceeding five years.
Signed by authority of the Secretary of State for Transport
Mike Penning
Parliamentary Under Secretary of State
Department for Transport
31st October 2011


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
This Order may be cited as the Local Justice Areas Order 2011.
2
This Order comes into force on 19th May 2011 for the purposes of Part 1 of Schedule 2 to this Order.
3
For all other purposes this Order comes into force on 1st January 2012.
Interpretation
2
In this Order —
“existing area” means a local justice area as it exists immediately before 1st January 2012;
“new area” means a local justice area constituted by this Order.
Any reference to a justice for an area is to be construed as a reference to a justice of the peace who ordinarily acts, or as the case may be, will, on or after 1st January 2012, ordinarily act, in and for that area.
New Areas
3
The existing areas named in the left hand column of Table 1 are combined to become the new area named in the corresponding right hand column.
Table 1
Existing Areas New Area
LONDON Ealing, Hounslow and Hillingdon West London Barking, Havering and Redbridge North East London Barnet, Brent and Harrow Gore North West London Kingston, Merton, Richmond-upon-Thames and Wandsworth South West London Croydon, Lambeth and Southwark, and Sutton South London Greenwich and Lewisham, Bexley and Bromley South East London Hammersmith and Fulham and Kensington and Chelsea, City of London and City of Westminster Central London Camden and Islington, Enfield and Haringey North London Hackney and Tower Hamlets, Newham and Waltham Forest East London MIDLANDS Sutton Coldfield and Birmingham Birmingham Ashby de-la-Zouch and Market Bosworth Ashby de-la-Zouch and Market Bosworth Daventry, Towcester and Northampton Northampton, Daventry and Towcester Leicester, Market Harborough and Lutterworth Leicester, Market Harborough and Lutterworth Loughborough and Melton, Belvoir and Rutland Loughborough, Melton, Belvoir and Rutland Newark and Southwell, and Nottingham Nottingham and Newark Worksop and Retford, and Mansfield Mansfield and Worksop NORTH EAST Langbaurgh East and Teesside Teesside Houghton-le-Spring and Sunderland City of Sunderland Tynedale and Newcastle-upon-Tyne District Newcastle and Tynedale Alnwick and South East Northumberland Mid and South East Northumberland Beverley and the Wolds, Bridlington, and Goole and Howdenshire East Yorkshire Bradford and Keighley Bradford and Keighley Wakefield and Pontefract Wakefield and Pontefract Batley and Dewsbury, and Huddersfield Kirklees York and Selby York and Selby Harrogate and Skipton Harrogate and Skipton NORTH WEST Liverpool and Knowsley Liverpool and Knowsley Chester, Ellesmere Port and Neston, and Vale Royal West Cheshire North Sefton District and South Sefton District Sefton Carlisle and District, and Eden North Cumbria West Allerdale and Keswick, and Whitehaven West Cumbria Blackburn, Darwen and Ribble Valley, and Hyndburn East Lancashire Bury and Rochdale, and Middleton and Heywood Bury and Rochdale Manchester City and City of Salford Manchester and Salford SOUTH EAST West Hertfordshire and Central Hertfordshire West and Central Hertfordshire North Hertfordshire and East Hertfordshire North and East Hertfordshire Milton Keynes, Wycombe and Beaconsfield, and Central Buckinghamshire Buckinghamshire Southern Oxfordshire, Northern Oxfordshire and Oxford Oxfordshire East Berkshire, West Berkshire and Reading Berkshire Peterborough and Fenland North Cambridgeshire East Cambridgeshire and Cambridge South Cambridgeshire Mid-North Essex, North West Essex and North East Essex North Essex Mid-South Essex, South West Essex and South East Essex South Essex Central Norfolk, North Norfolk, South Norfolk, West Norfolk, Great Yarmouth and Norwich Norfolk SOUTH WEST Central Devon and North Devon North and East Devon East Cornwall and West Cornwall Cornwall Plymouth District and South Devon South and West Devon Taunton Deane and West Somerset, and Sedgemoor Taunton Deane, West Somerset and Sedgemoor New Forest and Southampton West Hampshire North East Hampshire and North West Hampshire North Hampshire WALES De Brycheiniog and Radnor, and North Brecknock Brecknock and Radnorshire Cardiff and Vale of Glamorgan Cardiff and the Vale of Glamorgan Carmarthen, Dinefwr and Llanelli Carmarthenshire Ceredigion and Pembrokeshire Ceredigion and Pembrokeshire
Division of Areas
4
1
The existing area of North West Surrey is divided between the two existing areas of North Surrey and South West Surrey in accordance with paragraphs (2) and (3).
2
The area of Runnymede Borough Council is added to the existing area of North Surrey.
3
The areas of Woking Borough Council and Surrey Heath District Council respectively are added to the existing area of South West Surrey.
Amendments to the Local Justice Area Order 2005
5
The Schedule set out at Schedule 1 to this Order is substituted for the Schedule to the Local Justice Areas Order 2005 .
Consequential and transitional provisions
6
The consequential and transitional provisions set out in Schedule 2 to this Order have effect.
Signed by authority of the Lord Chancellor
J Djanogly
Parliamentary Under Secretary of State
Ministry of Justice
26th April 2011


text:
Citation, commencement and extent
1
1
This Order may be cited as the Policing Protocol Order 2011 and shall come into force on 16th January 2012.
2
This Order extends to England and Wales.
Policing Protocol
2
The Secretary of State hereby issues the Policing Protocol set out as a Schedule to this Order.
Theresa May
Secretary of State
Home Office
15th November 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Barnet, Enfield and Haringey Mental Health National Health Service Trust (Establishment) Amendment Order 2011 and shall come into force on 1st February 2011.
2
In this Order —
“the Establishment Order ” means the Barnet, Enfield and Haringey Mental Health National Health Service Trust (Establishment) Order 2001 ;
“the trust” means the NHS trust established by the Establishment Order.
Amendment of article 1 of the Establishment Order
2
In article 1 of the Establishment Order (citation, commencement and interpretation), in paragraph (2) —
a
for the definition of “ the Act ”, substitute —
“the Act” means the National Health Service Act 2006;
;
b
substitute the following definition for “community health services” —
“community health services” means any service which the Secretary of State has a duty to provide under section 3(1)(d) or (e) of, or paragraph 1 or 8 of Schedule 1 to, the Act and any service which the Secretary of State may provide under paragraph 2 or 7A of that Schedule;
; and
c
omit the definition of “operational date”.
Amendment of article 3 of the Establishment Order
3
For article 3 of the Establishment Order (nature and functions of the trust) substitute —
Nature and functions of the trust
3
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service.
.
Amendment of article 5 of the Establishment Order
4
For article 5 of the Establishment Order (operational date and accounting date of the trust) substitute —
Accounting date of the trust
5
The accounting date of the trust shall be 31st March.
.
Revocation of articles 6 and 7 of the Establishment Order
5
The following articles of the Establishment Order are revoked —
a
article 6 (limited functions before operational date) and
b
article 7 (assistance by health authorities before operational date).
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
13th January 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Personal Injuries (Civilians) Scheme (Amendment) Order 2011 and shall come into force on 11th April 2011.
2
In this Order “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983 .
Amendments to the principal Scheme
2
1
For Schedule 3 to the principal Scheme substitute the Schedule set out in Schedule 1 to this Order.
2
For Schedule 4 to the principal Scheme substitute the Schedule set out in Schedule 2 to this Order.
Andrew Robathan
Parliamentary Under Secretary of State
Ministry of Defence
14th March 2011
We approve
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
15th March 2011


text:
Citation commencement and extent
1
1
This order may be cited as the Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011.
2
This Order comes into force on 1st October 2011.
3
Any modification by this Order of an enactment has the same extent as the enactment modified.
References to statutory duty of the Post Office for the purpose of collecting or delivering letters.
2
Any enactment which refers to the exercise of the statutory duty of the Post Office for the purpose of collecting or delivering mail is to be construed as if it made corresponding provision in relation to the exercise of the duty by a universal service provider within the meaning of Part 3 of the Postal Services Act 2011.
Modifications of the Post Office Extension Act 1856 and Post Office Railway Acts
3
1
Article 2 of the Postal Services Act 2000 (Consequential Modifications to Local Enactments) Order 2003 is revoked.
2
Any provision of the Post Office Extension Act 1865 , the Post Office (London) Railway Act 1913 and the Post Office (Site and Railway) Act 1954 which was in force immediately before this Order comes into force and contained references to the Post Office company (including references which have effect as such references) so far as necessary for preserving its effect on and after that day, is to have effect as if those references were references to a Royal Mail company.
3
Anything which by virtue of this article must be done by or in relation to a Royal Mail company, so far as the context permits, is to be taken as so done if it is done by or in relation to any of them.
4
In the Acts to which this article applies reference to the purpose or purposes of the Post Office is to be construed as references to the purpose or purposes of the businesses of a Royal Mail company so far as those businesses relate to the provision of postal services.
5
In this article a “Royal Mail company” has the same meaning as in Part 1 of the Postal Services Act 2011.
Postal Office Works Act 1959 and Post Office Subway Act 1966
4
1
Article 2 of the Postal Services Act (Consequential Modifications) Order 2003 is revoked.
2
Any provision of the Post Office Works Act 1959 or the Post Office Subway Act 1966 , which was in force immediately before the day on which this article comes into force and contained references to the Post Office company (including references which have effect as such references) so far as necessary for preserving its effect on and after that day, is to have effect as if those references were references to a Royal Mail company.
3
Anything which by virtue of this article must be done by or in relation to a Royal Mail company, so far as the context permits, is to be taken as done if it is done by or in relation to one of them.
4
In the Post Office Subway Act 1966 references to the purpose or purposes of the Royal Mail company are to be construed as references to the purpose or purposes of the businesses of a Royal Mail company so far as those businesses relate to the provision of postal services.
5
In this article, a “Royal Mail company” has the same meaning as in Part 1 of the Postal Services Act 2011.
Other amendments to enactments
5
1
The amendments specified in Schedule 1 have effect.
2
The repeals and revocations specified in Schedule 2 have effect.
John Hayes
Minister of State for Further Education, Skills and Lifelong Learning
Department for Business, Innovation and Skills
Date 24 August 2011


text:
Citation and commencement
1
These Rules may be cited as the Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2011 and come into force on 17 th October 2011.
Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008
2
The Tribunal Procedure (Upper Tribunal) Rules 2008 are amended as follows.
3
In the table of contents —
a
after the entry for rule 28 insert —
28A
Special provisions for fresh claim proceedings
;
b
after the entry for rule 33 insert —
33A
Amendments and additional grounds resulting in transfer of proceedings to the High Court in England and Wales
; and
c
in the entry for rule 47 for “Review of” substitute “Setting aside”.
4
In rule 1(3) (interpretation) after the definition of “financial services case” insert —
“fresh claim proceedings” means judicial review proceedings which call into question a decision of the Secretary of State not to treat submissions as an asylum claim or a human rights claim within the meaning of Part 5 of the Nationality, Immigration and Asylum Act 2002 wholly or partly on the basis that they are not significantly different from material that has previously been considered, and which have been begun in or transferred to the Upper Tribunal pursuant to a direction made by the Lord Chief Justice of England and Wales for the purposes of section 18(6) of the 2007 Act ;
.
5
For rule 8(1) (striking out of party’s case) substitute —
1
The proceedings, or the appropriate part of them, will automatically be struck out —
a
if the appellant or applicant has failed to comply with a direction that stated that failure by the appellant or applicant to comply with the direction would lead to the striking out of the proceedings or part of them; or
b
when a fee has not been paid upon the grant of permission in fresh claim proceedings as required.
6
In rule 11 (representatives) —
a
at the beginning of paragraph (1) insert “Subject to paragraph (5A),”;
b
at the beginning of paragraph (5) insert “Subject to paragraph (5B),”; and
c
after paragraph (5) insert —
5A
In fresh claim proceedings, a party may appoint as a representative only a person authorised under the Legal Services Act 2007 to undertake the conduct of litigation in the High Court.
5B
At a hearing of fresh claim proceedings, rights of audience before the Upper Tribunal are restricted to persons authorised to exercise those rights in the High Court under the Legal Services Act 2007.
.
7
At the beginning of rule 28(8) (applications for permission to bring judicial review proceedings) insert “Except where rule 28A(2)(a) (special provisions for fresh claim proceedings) applies,”.
8
After rule 28 (applications for permission to bring judicial review proceedings) insert —
Special provisions for fresh claim proceedings
28A
1
The Upper Tribunal must not accept an application for permission to bring fresh claim proceedings unless it is either accompanied by any required fee or the Upper Tribunal accepts an undertaking that the fee will be paid.
2
Within 9 days of making an application referred to in paragraph (1), an applicant must provide —
a
a copy of the application and any accompanying documents to each person named in the application as a respondent or an interested party; and
b
the Upper Tribunal with a written statement of when and how this was done.
9
In rule 29 (acknowledgement of service) —
a
in paragraph (1) —
i
after “who is sent” insert “or provided with”;
ii
after “(applications for permission to bring judicial review proceedings)” insert “or rule 28A(2)(a) (special provisions for fresh claim proceedings)”;
iii
for “send or deliver” substitute “ provide”;
iv
after “the date on which the Upper Tribunal sent” insert “, or in fresh claim proceedings the applicant provided,”;
b
after paragraph (2) insert —
2A
In fresh claim proceedings, a person who provides an acknowledgement of service under paragraph (1) must also provide a copy to —
a
the applicant; and
b
any other person named in the application under rule 28(4)(a) or acknowledgement of service under paragraph (2)(c)
no later than the time specified in paragraph (1).
;
c
in paragraph (3) —
i
for “sent” substitute “provided with”;
ii
after “rule 28(8)” insert “or 28A(2)(a)”; and
iii
after “service” insert “to the Upper Tribunal”.
10
In rule 30(5) (decision on permission or summary dismissal, and reconsideration of permission or summary dismissal at a hearing) after “14 days” insert “, or in fresh claim proceedings 9 days,”.
11
After rule 33 (right to make representations) insert —
Amendments and additional grounds resulting in transfer of proceedings to the High Court in England and Wales
33A
1
This rule applies only to judicial review proceedings arising under the law of England and Wales.
2
In relation to such proceedings —
a
the powers of the Upper Tribunal to permit or require amendments under rule 5(3)(c) extend to amendments which would, once in place, give rise to an obligation or power to transfer the proceedings to the High Court in England and Wales under section 18(3) of the 2007 Act or paragraph (3);
b
except with the permission of the Upper Tribunal, additional grounds may not be advanced, whether by an applicant or otherwise, if they would give rise to an obligation or power to transfer the proceedings to the High Court in England and Wales under section 18(3) of the 2007 Act or paragraph (3).
3
Where the High Court in England and Wales has transferred judicial review proceedings to the Upper Tribunal under any power or duty and subsequently the proceedings are amended or any party advances additional grounds —
a
if the proceedings in their present form could not have been transferred to the Upper Tribunal under the relevant power or duty had they been in that form at the time of the transfer, the Upper Tribunal must transfer the proceedings back to the High Court in England and Wales;
b
subject to sub-paragraph (a), where the proceedings were transferred to the Upper Tribunal under section 31A(3) of the Senior Courts Act 1981 (power to transfer judicial review proceedings to the Upper Tribunal), the Upper Tribunal may transfer proceedings back to the High Court in England and Wales if it appears just and convenient to do so.
.
12
For rule 46(1) (review of decision), substitute —
1
The Upper Tribunal may only undertake a review of a decision pursuant to rule 45(1) (review on an application for permission to appeal).
13
In rule 47 (review of a decision in proceedings under the Forfeiture Act 1982 ) —
a
in the heading of that rule, for “Review of” substitute “Setting aside”;
b
in sub-paragraph (1)(a), for “reviewed” substitute “set aside and re-made under this rule”;
c
in sub-paragraph (1)(b), for “reviewed” substitute “set aside and re-made under this rule”;
d
in paragraph (2), for “review the decision” substitute “set aside the decision, either in whole or in part, and re-make it”;
e
omit sub-paragraph (2)(a);
f
for paragraphs (3) to (5), substitute —
3
Rule 26(2) to (4), Parts 5 and 6 and this Part apply to a reference under this rule as they apply to a reference under rule 26(1).
We make these Rules
Paul Walker
Mark Rowland
Michael Reed
Philip Brook Smith, QC
Simon Ennals
I allow these Rules
Signed by authority of the Lord Chancellor
McNally
Minister of State
Ministry of Justice
22nd September 2011


text:
Citation and commencement
1
These byelaws may be cited as the Northwood Headquarters Byelaws 2011 and come into force on 20th April 2012.
Interpretation
2
1
In these byelaws —
“aircraft” includes any craft or device which is for the time being airborne;
“Appointed Person” means the Crown servant who has been appointed by the Secretary of State for Defence to be responsible for the Protected Area and the Controlled Areas;
“Controlled Area” means an area of land that is coloured blue on the byelaws map set out in the Schedule to these byelaws;
“headquarters” means a headquarters or organisation designated by an Order in Council under section 1 of the International Headquarters and Defence Organisations Act 1964 ;
“lawful user” means any constable, Crown servant, member of a visiting force or headquarters or person in possession of a written permission from the Appointed Person;
“offensive weapon” means any article —
made or adapted for use for causing injury to persons, animals or birds or for trapping animals or birds; or
intended by the person having it with him for such use or for threatening such use by him or by some other person;
“Protected Area” means the area of land that is coloured pink on the byelaws map set out in the Schedule to these byelaws;
“service authorities” means naval, military or air force authorities;
“short lead” means a lead of fixed length and of not more than two metres;
“site exempt vehicle” means any vehicle used solely within the confines of the Protected Area by a lawful user; and
“visiting force” means any body, contingent or detachment of the forces of a country for the time being present in the United Kingdom on the invitation of Her Majesty’s Government in the United Kingdom and any member of the civilian component of that force as defined in section 10 of the Visiting Forces Act 1952 .
2
The Protected Area and the Controlled Areas together comprise an area of land known as Northwood Headquarters and shown for illustrative purposes only on the byelaws location map set out in the Schedule to these byelaws.
Application of these byelaws
3
These byelaws apply to the Protected Area and the Controlled Areas.
Prohibited Activities – Protected Area
4
No person shall —
a
enter or leave the Protected Area except by way of an official entrance or exit;
b
remain in the Protected Area after having been directed to leave by a constable or person described in byelaw 11 ;
c
obstruct a lawful user acting in the proper exercise of their duty within the Protected Area;
d
cause or permit any vehicle, aircraft, animal or thing to enter the Protected Area;
e
take any visual image of any person or thing within the Protected Area;
f
gain entry to the Protected Area as a result of making any false statement, either orally or in writing, or by employing any other form of misrepresentation;
g
board, or interfere with the movement of any vehicle or aircraft within the Protected Area;
h
remove, interfere with, or obstruct the use of, any property within the Protected Area which is under the control of the Crown or the service authorities of either a visiting force or a headquarters, or the agents or contractors of the Crown or such service authorities;
i
deface any sign, wall, fence, structure or other surface within the Protected Area; or
j
fail to comply with any signs displayed within the Protected Area.
Use of the Controlled Areas by the Public
5
1
Subject to the provisions of these byelaws, members of the public are permitted to enter and use all parts of the Controlled Areas, not specially enclosed or entry to which is not shown by signs or fences as being prohibited or restricted, for any lawful purpose at all times when the Controlled Areas are not being used for military purposes.
2
Paragraph (1) does not apply to land used for residential purposes.
3
Subject to paragraph (4), when the Controlled Areas are being used for military purposes, they are closed to the public and any entry to them is prohibited.
4
This byelaw does not affect the public right to use the area of highway coloured green on the byelaws map in the Schedule to these byelaws.
Prohibited Activities – Controlled Areas
6
No person shall within a Controlled Area —
a
obstruct a lawful user or any other person acting in the proper exercise of his duty;
b
enter any part which is enclosed or entry to which is shown by a sign as being prohibited or restricted;
c
carry any offensive weapon;
d
remove, interfere with, or obstruct the use of, any property which is under the control of the Crown or the service authorities of either a visiting force or a headquarters, or the agents or contractors of the Crown or such service authorities;
e
camp in tents, caravans, trees or otherwise;
f
cause any nuisance, or behave in an indecent or obscene manner;
g
deposit any industrial refuse, rubble, waste or litter or abandon any vehicle or vehicle part or any other article;
h
act in any way likely to cause annoyance, nuisance or injury to other persons;
i
light fires or do anything likely to cause an outbreak of fire;
j
fail to keep under control any dog or other animal;
k
fail to keep any dog on a short lead during the period beginning with 1st March and ending with 31st July in each year;
l
fail to remove all waste created by any dog or other animal under their control;
m
deface any sign, wall, fence, structure or other surface;
n
engage in any trade or business of any description;
o
ride, drive, conduct or cause to be ridden, driven or conducted, use or employ any animal or vehicle of any kind or use any audible means either wholly or mainly for the purpose of trade or advertisement;
p
damage, cut or remove any crops, turfs, plants, roots or trees;
q
graze any animal;
r
kill or trap any birds or animals, or take or destroy their eggs;
s
dig or search for any item or interfere with or take any item found; or
t
fail to comply with any signs displayed within a Controlled Area.
Control of road traffic other than on the public highway
7
1
Every person who rides a bicycle or drives a vehicle shall —
a
ride or drive on the road;
b
comply with any directions given by a constable or person described in byelaw 11 ;
c
comply with all traffic signs; and
d
ride or drive with due care and attention.
2
No person shall ride a bicycle or drive a vehicle on the road during the hours of darkness without using the appropriate lights which must be used when on a public highway during the hours of darkness.
3
No person shall —
a
drive any vehicle other than a site exempt vehicle without holding a valid driving licence; or
b
be in charge of any vehicle other than a site exempt vehicle unless the vehicle is insured for their use and is in a roadworthy condition.
4
No person shall stop or park any vehicle where “No Parking” or “No Waiting” notices are displayed, except for the purposes of loading or unloading passengers or goods.
5
For the purposes of this byelaw “hours of darkness” means the time between half an hour after sunset and half an hour before sunrise.
Offences
8
Any person who contravenes byelaw 4, 5 , 6 or 7 commits an offence.
Exemptions
9
Byelaws 4, 5 and 6 shall not apply to anything done —
a
by a lawful user in connection with the discharge of their functions; or
b
by a person acting under and in accordance with any permission given in writing by the Appointed Person.
Enforcement
10
In order to —
a
prevent the breach of any provision of byelaws 4, 5 , 6 or 7; or
b
prevent any nuisance, disorder, obstruction or damage to the land or any property within the Protected Area and the Controlled Areas;
a constable or person described in byelaw 11 may direct any person to leave or to remove any vehicle, aircraft, animal or thing over which they have control from the Protected Area and the Controlled Areas, and any person to whom such a direction is made shall comply with it as soon as practicable.
11
The following persons are authorised to remove from the Protected Area and the Controlled Areas and to take into custody without warrant any person committing an offence against these byelaws and to remove from those Areas any vehicle, animal, vessel or thing found there in contravention of these byelaws —
a
the Appointed Person;
b
any officer, warrant officer, or non–commissioned officer in uniform and acting under the instructions of the Appointed Person; and
c
any other Crown servant authorised in writing by the Appointed Person.
Signed on behalf of the Secretary of State for Defence
Andrew Robathan
Parliamentary Under Secretary of State
Ministry of Defence
20th December 2011