Statutory Instruments
Defence
Made
15th December 2009
Coming into force
1st February 2010
The vessels specified in schedule 1 appear to the Secretary of State for Defence (“the Secretary of State”) to fall within section 1(2)(a) and (3) of the Protection of Military Remains Act 1986(1) (“the Act”).
The areas specified in schedule 2 appear to the Secretary of State to fall within section 1(2)(b) and (4) of the Act.
The Secretary of State accordingly makes the following Order in exercise of the powers conferred by section 1(2) of the Act—
1.—(1) This Order may be cited as the Protection of Military Remains Act 1986 (Designation of Vessels and Controlled Sites) Order 2009 and shall come into force on 1st February 2010.
(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.
2. Each of the vessels specified in Schedule 1 to this Order is designated as a vessel to which the Act applies.
3. Each of the areas specified in Schedule 2 to this Order is designated as a controlled site.
4. The Protection of Military Remains Act 1986 (Designation of Vessels and Controlled Sites Order 2008(2) is revoked.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
15th December 2009
Article 2
| Name of vessel | Date of sinking (on or about) | |
|---|---|---|
| (a) | Atlantic Conveyor | 25th May 1982 |
| (b) | HMS Acheron | 17th December 1940 |
| (c) | HMS Amphion | 6th August 1914 |
| (d) | HMS Ardent | 31st May 1916 |
| (e) | HMS Black Prince | 31st May 1916 |
| (f) | HMS Blackwood | 15th June 1944 |
| (g) | HMS Boadicea | 13th June 1944 |
| (h) | HMS Bullen | 6th December 1944 |
| (i) | HMS Calgarian | 1st March 1918 |
| (j) | HMS Curacao | 2nd October 1942 |
| (k) | HMS Defence | 31st May 1916 |
| (l) | HMS Delight | 29th July 1940 |
| (m) | HMS Duke of Albany | 26th August 1916 |
| (n) | HMS Exmoor | 25th February 1941 |
| (o) | HMS Fisgard II | 17th September 1914 |
| (p) | HMS Fitzroy | 27th May 1942 |
| (q) | HMS Fortune | 31st May 1916 |
| (r) | HMS Gloucester | 22nd May 1941 |
| (s) | HMS Ghurka | 8th February 1917 |
| (t) | HMS Hood | 24th May 1941 |
| (u) | HMS Indefatigable | 31st May 1916 |
| (v) | HMS Invincible | 31st May 1916 |
| (w) | HMS K4 | 31st January 1918 |
| (x) | HMS K17 | 31st January 1918 |
| (y) | HMT Kurd | 10th July 1945 |
| (z) | HMS L24 | 10th January 1924 |
| (aa) | HMS Loyalty | 22nd August 1944 |
| (bb) | HMS M1 | 12th November 1925 |
| (cc) | HMS M2 | 26th January 1932 |
| (dd) | SS Mendi | 21st February 1917 |
| (ee) | HMS Mourne | 15th June 1944 |
| (ff) | HMS Nestor | 31st May 1916 |
| (gg) | HMS Nomad | 31st May 1916 |
| (hh) | HMS Pathfinder | 5th September 1914 |
| (ii) | HMS Penylan | 3rd December 1942 |
| (jj) | HMS Prince of Wales | 10th December 1941 |
| (kk) | HMS Queen Mary | 31st May 1916 |
| (ll) | HMS Repulse | 10th December 1941 |
| (mm) | HMS Shark | 31st May 1916 |
| (nn) | HMS Sheffield | 9th May 1982 |
| (oo) | RFA Sir Galahad | 25th June 1982 |
| (pp) | HMS Sparrowhawk | 31st May 1916 |
| (qq) | SS Storaa | 3rd November 1943 |
| (rr) | HMS Swordfish | 7th November 1940 |
| (ss) | HMS Tipperary | 31st May 1916 |
| (tt) | HMS Turbulent | 31st May 1916 |
| (uu) | HMS Umpire | 19th July 1941 |
| (vv) | HMS Vandal | 24th February 1943 |
| (ww) | HMS Vervain | 20th February 1945 |
| (xx) | HMS Vortigern | 15th March 1942 |
| (yy) | HMS Warrior | 31st May 1916 |
| (zz) | HMS Warwick | 20th February 1944 |
| (aaa) | the U-12 | 5th October 1939 |
| (bbb) | the U714 | 14th March 1945 |
| (ccc) | the UB-65 | 14th July 1918 |
Article 3
| Remains of vessel concerned | Area designated as controlled site | Latitude of relevant point | Longitude of relevant point | |
|---|---|---|---|---|
| (a) | HMS Bulwark | Area situated within 100 metres from the relevant point | 51°25.392′ N. | 00°39.172′ E. |
| (b) | HMS Natal | Area situated within 100 metres from the relevant point | 57°41.244′ N. | 04°05.310′ W. |
| (c) | HMS A7 | Area situated within 200 metres from the relevant point | 50°18.518′ N. | 04°17.984′ W. |
| (d) | HMS Dasher | Area situated within 200 metres from the relevant point | 55°37.747′ N. | 05°00.953′ W. |
| (e) | HMS Royal Oak | Area situated within 200 metres from the relevant point | 58°55.848′ N. | 02°59.001′ W. |
| (f) | HMS Vanguard | Area situated within 200 metres from the relevant point | 58°51.400′ N. | 03°06.405′ W. |
| (g) | UB-81 | Area situated within 250 metres from the relevant point | 50°29.442′ N. | 00°58.351′ W. |
| (h) | HMS H5 | Area situated within 300 metres from the relevant point | 53°05.483′ N. | 04°41.975′ W. |
| (i) | HMS Hampshire | Area situated within 300 metres from the relevant point | 59°07.065′ N. | 03°23.843′ W. |
| (j) | HMS Affray | Area situated within 400 metres from the relevant point | 49°50.023′ N. | 02°34.533′ W. |
| (k) | HMS Formidable | Area situated within 400 metres from the relevant point | 50°13.179′ N. | 03°04.071′ W. |
| (l) | HMS Exmouth | Area situated within 750 metres from the relevant point | 58°18.467′ N. | 02°28.938′ W. |
(This note is not part of the Order)
This Order designates:
vessels to which the Protection of Military Remains Act 1986 (“the Act”) applies; and
areas containing the remains of a number of vessels as ‘controlled sites’ under the Act.
Article 2 provides for (and schedule 1 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: HMS Calgarian, HMS Fisgard II, HMT Kurd, HMS Pathfinder, HMS Duke of Albany, HMS Fitzroy, SS Mendi, HMS Mourne and HMS Vervain.
Article 3 provides for (and schedule 2 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. An area designated as a ‘controlled site’ does not extend around a place any more than is necessary for the purpose of protecting or preserving the remains of a vessel or on account of the difficulty of identifying that place. 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 activities which would otherwise be prohibited under section 2.