The Protection of Military Remains Act 1986 (Designation of Vessels and Controlled Sites) Order 2009

EXPLANATORY NOTE

(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.