The Pur Fleet (King’s Lynn) Order 1999

PART III MISCELLANEOUS AND GENERAL

Byelaws

19.—(1) The Council may make byelaws in connection with this Order for all or any of the following purposes:—

(a) for regulating or preventing fishing in the creek, whether generally or by such means, and for such types of fish, as may be specified in the byelaws,

(b) for preventing swimming in the creek,

(c) for regulating or preventing the placing of vessels or any other object in the creek,

(d) for prohibiting or regulating the discharge into the creek of any material or substance.

(2) In paragraph (1)(a) above “fish” includes any marine creature, or any other creature which lives in the waters of the creek, and “fishing” shall be construed accordingly.

(3) Byelaws made under this article may provide for the imposition on any person offending against any byelaws of a fine on summary conviction not exceeding level 3 on the standard scale.

(4) In its application to byelaws relating to the creek made by the Council under any enactment, section 236 of the Local Government Act 1972(1) shall have effect as if in subsection (7) after the word “confirm” where it first occurs the words “with or without modification” were inserted.

(5) Where the Secretary of State proposes to make to any byelaws submitted to him for confirmation a modification which appears to him to be substantial he shall inform the Council and require them to take any steps he considers necessary for informing persons likely to be concerned with the modification and shall not confirm the byelaws until such period has elapsed as he thinks reasonable for consideration of, and comment upon, the proposed modification by the Council and by other persons who have been informed of it.

(6) The Secretary of State may charge the Council a reasonable fee for the purpose of defraying any administrative expenses incurred by him in respect of byelaws made under this article which are submitted to him for confirmation.

Alteration of limits of harbour

20.—(1) The limits of the Port and Harbour of King’s Lynn, defined in sections 45 and 46 of the King’s Lynn Conservancy Act 1897(2) shall cease to include any part of the creek that lies between the western edge of the barrage and the western edge of the existing dam.

(2) Nothing in this section shall derogate from any rights of the harbour authority as a landowner.

Certification of plans, etc.

21.  The council shall, as soon as practicable after the making of this Order, submit copies of the book of reference, the deposited plan and the sections to the Secretary of State for certification that they are true copies of, respectively, the book of reference, sections and plan referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Obstructing execution of Order

22.  A person who obstructs any person acting in the execution of this Order or without reasonable excuse pulls up any peg or stake driven into the ground for the purposes of setting out the line, level or site of any of the works or otherwise interferes with equipment or materials used in the construction of the works, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Defence of due diligence

23.—(1) In proceedings for an offence under articles 12, 14, 15 or 18 above it shall be a defence for the Council to prove that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(2) If in any case the defence provided under paragraph (1) involves the allegation that the commission of the offence was due to the act or default of another person, the Council shall not, without leave of the court, be entitled to rely on that defence unless, not less than 7 days before the hearing, they have served on the prosecutor a notice in writing giving such information as was then in their possession, identifying or assisting in the identification of, that other person.

(1)

1972 c. 70.

(2)

1897 c.cxcvi.