The Folkestone Harbour Revision Order (Amendment) Order 2025
The Folkestone Harbour Revision Order (Amendment) Order 2025 amended the 2017 order to remove the statutory maximum fine limit from articles 12(2), 14(2), and 15(2).
The Folkestone Harbour Revision Order (Amendment) Order 2025 corrects an error in the 2017 order.
It removes the phrase “not exceeding the statutory maximum” from articles 12(2), 14(2), and 15(2), thereby removing the upper limit on fines for non-compliance with regulations concerning navigation safety and lighting.
This change reflects the removal of such limits in the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
The order applies to England and Wales and took effect on June 10, 2025.
Arguments For
Correcting a Legislative Error: The amendment rectifies an inconsistency in the 2017 Order that failed to reflect changes introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, specifically the removal of upper limits on fines for summary conviction.
Alignment with Current Legislation: The changes bring the Folkestone Harbour Revision Order 2017 into line with the current legal framework regarding fines imposed by magistrates' courts.
Enhanced Enforcement: By removing the arbitrary 'statutory maximum' limit, the order potentially enables more effective enforcement of regulations related to navigation safety and lighting of tidal works.
Administrative Efficiency: Removing the outdated limitation simplifies the application and enforcement of penalties, reducing administrative burden for the court and relevant authorities.
Arguments Against
Potential for Increased Fines: Removal of the statutory maximum could theoretically lead to larger fines being imposed, potentially impacting the Folkestone Harbour Company or other relevant parties.
Unforeseen Consequences: While unlikely, removing the limit could create unintended consequences in specific circumstances, requiring further regulatory review or adjustment.
Overly Broad Scope: Some might argue that this amendment addresses only a minor technical error and may not justify a full amendment order.
Lack of Public Consultation: The lack of extensive public discussion, or impact assessment concerning the potential impact of increased fines, might leave some stakeholders feeling unheard.
- Citation, Commencement and Extent (1) This Order may be cited as The Folkestone Harbour Revision Order (Amendment) Order 2025 and comes into force on 10th June 2025. (2) This Order extends to England and Wales.
This section provides the order's official title, effective date (June 10, 2025), and its geographical scope, covering England and Wales.
- Amendment of the Folkestone Harbour Revision Order 2017 (1) The Folkestone Harbour Revision Order 2017 is amended as follows. (2) In article 12(2) (provision against danger to navigation), omit “not exceeding the statutory maximum”. (3) In article 14(2) (permanent lights on tidal works), omit “not exceeding the statutory maximum”. (4) In article 15(2) (lights on tidal works during construction), omit “not exceeding the statutory maximum”.
This section details the specific amendments made to the Folkestone Harbour Revision Order 2017.
It removes the phrase “not exceeding the statutory maximum” from three articles (12(2), 14(2), and 15(2)), which deal with regulations related to preventing navigation hazards and the proper lighting of tidal works during both operation and construction.
EXPLANATORY NOTE (This note is not part of the Order) This Order made on the application of Folkestone Harbour Company Limited amends the Folkestone Harbour Revision Order 2017 (S.I. 2017/601) (“the 2017 Order”) to omit the words “not exceeding the statutory maximum” in paragraph (2) of articles 12, 14 and 15. This Order corrects an error in the 2017 Order, which did not reflect the effect of section 85 (removal of limit on certain fines on conviction by magistrates’ court) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10). Section 85 of that Act removed the upper limits on fines that can be imposed on summary conviction where that limit is expressed as the “statutory maximum”. The effect of the amendment is to remove the limit on the amount of any fine that may be imposed by a magistrates’ court on summary conviction if Folkestone Harbour Company Limited fails to comply with a direction under Articles 12(2) (provision against danger to navigation), 14(2) (permanent light on tidal works) or 15(2) (lights on tidal works during construction) of the 2017 Order. An impact assessment has not been prepared for this instrument as there is no, or no significant, impact 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.
The explanatory note clarifies the reasons for the order.
It explains that the amendment corrects an error in the 2017 order that didn't account for changes made by the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
This 2012 Act removed upper limits on some fines, and this order removes the corresponding limits in the 2017 order.
The note also states that no significant impact assessment was conducted because no substantial effect on businesses or the public was anticipated.
Finally, it points to an available Explanatory Memorandum on the UK Legislation website.
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