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(This note is not part of the Order)
This Order will come into force on 7th June 2021 (article 1(1)) and will cease to have effect on the G7 termination date (11.59pm on 15th June 2021) (article 1(2)).
The Order will temporarily extend the harbour limits to the additional area (defined in article 2). The Council will temporarily become the harbour authority for the additional area for the G7 period (defined in article 2).
The St. Ives Harbour Act and Orders 1853 to 1993, excluding powers to dredge, will apply to the additional area during the G7 period (article 3(1)).
A signed map showing the additional area referred to in article 2 may be inspected during working hours at the office of the Cornwall Council, County Hall, Treyew Road, Truro, TR1 3AY.
During the G7 period, additional and more intense activity (including in respect of vessels) is anticipated in the harbour and the additional area. The Order confers on the Council as harbour authority for St. Ives Harbour and the harbour master powers of general and special direction for the regulation and management of the harbour and the additional area (articles 6 to 12). The Council may give general directions between 7th June 2021 (the G7 commencement date) and 11:59pm on 15th June 2021 (the G7 termination date).
Any general directions and special directions made under this Order will also cease to have effect on the G7 termination date. A register of all in force general directions may be inspected during working hours at the harbour office of the Council (Harbour Office, Smeatons Pier, St. Ives, TR26 1LP) and online at www.cornwallharbours.co.uk (article 6 (4)).
The Order creates an offence of failing to comply with special or general directions, the penalty for which is a fine on summary conviction not exceeding level 4 on the standard scale (article 10(1)). A defence of due diligence is available to a person charged under article 10 (article 10(2)).
The Council may also nominate persons (existing sworn police officers) enabling a justice of the peace to appoint them to act as constables within the harbour police area (article 13). This will include the harbour, the additional area and any place within one mile of those areas (article 2). This will apply for all or part of the G7 period. Once appointed, a constable operating within the harbour police area will have all the powers and privileges of a constable.
A full impact assessment has not been prepared for this instrument as no, or no significant, impact is predicted on businesses, charities, voluntary bodies or the public sector.
An Explanatory Memorandum is available alongside the instrument on the UK legislation website at www.legislation.gov.uk.
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Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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