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Statutory Instruments

2008 No. 950

Defence

The Protection of Military Remains Act 1986 (Designation of Vessels and Controlled Sites) Order 2008

Made

1st April 2008

Coming into force

1st May 2008

The Secretary of State for Defence in exercise of the powers conferred by section 1(2) of the Protection of Military Remains Act 1986(1) (“the Act”), makes the following Order—

Citation and commencement and interpretation

1.—(1) This Order may be cited as the Protection of Military Remains Act 1986 (Designation of Vessels and Controlled Sites) Order 2008 and shall come into force on 1st May 2008.

(2) In this Order any reference to a point is a reference to a point given by co-ordinates based on the World Geodetic System 1984.

Designated vessels

2.  Each of the following vessels is designated as a vessel to which the Act applies—

(a)the vessel known as Atlantic Conveyor, which sank on or about 25th May 1982;

(b)the vessel known as HMS Acheron, which sank on or about 17th December 1940;

(c)the vessel known as HMS Amphion, which sank on or about 6th August 1914;

(d)the vessel known as HMS Ardent, which sank on or about 31st May 1916;

(e)the vessel known as HMS Black Prince, which sank on or about 31st May 1916;

(f)the vessel known as HMS Blackwood, which sank on or about 15th June 1944;

(g)the vessel known as HMS Boadicea, which sank on or about 13th June 1944;

(h)the vessel known as HMS Bullen, which sank on or about 6th December 1944;

(i)the vessel known as HMS Curacao, which sank on or about 2nd October 1942;

(j)the vessel known as HMS Defence, which sank on or about 31st May 1916;

(k)the vessel known as HMS Delight, which sank on or abut 29th July 1940;

(l)the vessel known as HMS Exmoor, which sank on or abut 25th February 1941;

(m)the vessel known as HMS Fortune, which sank on or abut 31st May 1916;

(n)the vessel known as HMS Gloucester, which sank on or about 22nd May 1941;

(o)the vessel known as HMS Ghurka, which sank on or about 8th February 1917;

(p)the vessel known as HMS Hood, which sank on or about 24th May 1941;

(q)the vessel known as HMS Indefatigable, which sank on or about 31st May 1916;

(r)the vessel known as HMS Invincible, which sank on or about 31st May 1916;

(s)the vessel known as HMS K4, which sank on or about 31st January 1918;

(t)the vessel known as HMS K17, which sank on or about 31st January 1918;

(u)the vessel known as HMS L24, which sank on or about 10th January 1924;

(v)the vessel known as HMS Loyalty, which sank on or about 22nd August 1944;

(w)the vessel known as HMS M1,which sank on or about 12th November 1925;

(x)the vessel known as HMS M2, which sank on or about 26th January 1932;

(y)the vessel known as HMS Nestor, which sank on or about 31st May 1916;

(z)the vessel known as HMS Nomad, which sank on or about 31st May 1916;

(aa)the vessel known as HMS Penylan, which sank on or about 3rd December 1942;

(bb)the vessel known as HMS Prince of Wales, which sank on or about 10th December 1941;

(cc)the vessel known as HMS Queen Mary, which sank on or about 31st May 1916;

(dd)the vessel known as HMS Repulse, which sank on or about 10th December 1941;

(ee)the vessel known as HMS Shark, which sank on or about 31st May 1916;

(ff)the vessel known as HMS Sheffield, which sank on or about 9th May 1982;

(gg)the vessel known as RFA Sir Galahad, which sank on or about 25th June 1982;

(hh)the vessel known as HMS Sparrowhawk, which sank on or about 31st May 1916;

(ii)the vessel known as SS Storaa, which sank on or about 3rd November 1943;

(jj)the vessel known as HMS Swordfish, which sank on or about 7th November 1940;

(kk)the vessel known as HMS Tipperary, which sank on or about 31st May 1916;

(ll)the vessel known as HMS Turbulent, which sank on or about 31st May 1916;

(mm)the vessel known as HMS Umpire, which sank on or about 19th July 1941;

(nn)the vessel known as HMS Vandal, which sank on or about 24th February 1943;

(oo)the vessel known as HMS Vortigern, which sank on or about 15th March 1942;

(pp)the vessel known as HMS Warrior, which sank on or about 31st May 1916;

(qq)the vessel known as HMS Warwick, which sank on or about 20th February 1944;

(rr)the vessel known as the U-12, which sank on or about 5th October 1939;

(ss)the vessel known as the U714, which sank on or about 14th March 1945; and

(tt)the vessel known as the UB-65, which sank on or about 14th July 1918.

Designated controlled sites

3.  Each of the following areas is designated as a controlled site—

(a)the areas which are situated within a distance of 100 metres of the point at—

(i)Latitude 51° 25.392′ North, Longitude 00° 39.172′ East, which contains the remains of the vessel known as HMS Bulwark, and

(ii)Latitude 57° 41.244′ North, Longitude 04° 05.310′ West, which contains the remains of the vessel known as HMS Natal;

(b)The areas which are situated within a distance of 200 metres of the point at—

(i)Latitude 50° 18.518′ North, Longitude 04° 17.984′ West, which contains the remains of the vessel known as HMS A7,

(ii)Latitude 55° 37.747′ North, Longitude 05° 00.953′ West, which contains the remains of the vessel known as HMS Dasher,

(iii)Latitude 58° 55.848′ North, Longitude 02° 59.001′ West, which contains the remains of the vessel known as Royal Oak, and

(iv)Latitude 58° 51.400′ North, Longitude 03° 06.405′ West, which contains the remains of the vessel known as HMS Vanguard;

(c)the area containing the vessel known as UB-81, which is situated within a distance of 250 metres of the point of Latitude 50° 29.442′ North, Longitude 00° 58.351′ West;

(d)the area which are situated within a distance of 300 metres of the point at—

(i)Latitude 53° 05.483′ North, Longitude 04° 41.975′ West, which contains the remains of the vessel known as HMS H5, and

(ii)Latitude 59° 07.065′ North, Longitude 03° 23.843′ West, which contains the remains of the vessel known as HMS Hampshire;

(e)the areas which are situated within a distance of 400 metres of the point at—

(i)Latitude 49° 50.023′ North, Longitude 02° 34.533′ West, which contains the remains of the vessel known as HMS Affray, and

(ii)Latitude 50° 13.179′ North, Longitude 03° 04.071′ West, which contains the remains of the vessel known as HMS Formidable; and

(f)the area containing the vessel known as HMS Exmouth, which is situated within a distance of 750 metres of the point at Latitude 58° 18.467′ North, Longitude 02° 28.938′ West.

Revocation

4.  The Protection of Military Remains Act 1986 (Designation of Vessels and Controlled Sites Order 2006(2) is revoked.

Derek Twigg

Parliamentary Under Secretary of State for Defence

Ministry of Defence

1st April 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order designates:

Article 2 lists the vessels designated as vessels to which the Act applies. The list includes the following vessels, which are designated for the first time under the Act: Atlantic Conveyor, HMS Amphion, HMS Curacao, HMS Delight, HMS Ghurka, HMS L24, HMS Loyalty, HMS Penylan, SS Storaa and U-714.

Article 3 lists the areas designated as controlled sites under the Act.

Article 4 revokes the previous Order. This Order replaces and consolidates all previous Orders.

A place is a ‘protected place’ under the Act if it comprises the remains of a vessel designated under article 2 and is on the sea bed or in the immediate vicinity of where the remains were left. Section 2 of the Act provides for offences in relation to remains of vessels within ‘protected places’ and ‘controlled sites’; and prohibits excavations and operations carried out on ‘protected places’ and ‘controlled sites’. Section 4 of the Act makes provision for the granting of licences to carry out prohibited works and operations.