Explanatory note

This Order revokes and replaces the Ilfracombe Harbour Revision Order 2019 (S.I. 2019/798) which did not include a laid date or a coming into force date.

This Order empowers the North Devon District Council (“the Council”) as the statutory harbour authority for Ilfracombe Harbour to construct and maintain a new harbour wall and a slipway from the new watersports centre in The Strand, Ilfracombe extending into the bed and foreshore of Ilfracombe Harbour.

This Order creates an offence of intentionally or recklessly obstructing the carrying out of the works without lawful authority, with a fine on summary conviction not exceeding level 3 on the standard scale (article 8).

Provision is made against danger to navigation (article 9) and for the abatement of works abandoned or decayed (article 10).

The Secretary of State may order a survey and examination of the authorised works (defined in article 3(1)) or of the site on which they are to be constructed (article 11).

Provision is made for the lighting of the tidal works (defined in article 12(3)) during construction (article 12).

A defence of due diligence is available to the Council in respect of offences under articles 9 and 12 (article 13).

The deposited plan and sections referred to in this Order are available for inspection during working hours at the principal office of the Council at Lynton House, Commercial Road, Barnstaple EX31 1DG.

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 the instrument on the UK legislation website, www.legislation.gov.uk.