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.