The Protection of Military Remains Act 1986 (Designation of Vessels and Controlled Sites) Order 2012 No. 1110


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United Kingdom Statutory Instruments


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Statutory Instruments

2012 No. 1110

Defence

The Protection of Military Remains Act 1986 (Designation of Vessels and Controlled Sites) Order 2012

Made

16th April 2012

Coming into force

1st June 2012

The vessels specified in Schedule 1 appear to the Secretary of Sate 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-

Citation, commencement and interpretation

1.-(1) This Order may be cited as the Protection of Military Remains Act 1986 (Designation of Vessels and Controlled Sites) Order 2012 and shall come into force on 1st June 2012.

(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.

Designated vessels

2. Each of the vessels specified in Schedule 1 to this Order is designated as a vessel to which the Act applies.

Designated controlled sites

3. Each of the areas specified in Schedule 2 to this Order is designated as a controlled site.

Revocation

4. The Protection of Military Remains Act 1986 (Designation of Vessels and Controlled Sites) Order 2009 (2) is revoked.

Andrew Robathan

Parliamentary Under Secretary of State

Ministry of Defence

16th April 2012

SCHEDULES

Article 2

SCHEDULE 1Designated vessels

Name of VesselDate of sinking (on or about)
(a)Atlantic Conveyor25th May 1982
(b)HMS Acheron17th December 1940
(c)HMS Amphion6th August 1914
(d)HMS Ardent31st May 1916
(e)HMT Beech22nd June 1941
(f)HMS Black Prince31st May 1916
(g)HMS Blackwood15th June 1944
(h)HMS Boadicea13th June 1944
(i)HMS Bullen6th December 1944
(j)HMS Calgardian1st March 1918
(k)RFA Creosol7th February 1918
(l)HMS Curacao2nd October 1942
(m)HMS Defence31st May 1916
(n)HMS Delight29th July 1940
(o)HMS Duke of Albany26th August 1916
(p)HMS Exmoor25th February 1941
(q)HMS E1826th May 1916
(r)HMS E5031st January 1918
(s)HMS Fisgard17th September 1914
(t)HMS Fitzroy27th May 1942
(u)HMS Fortuna3rd April 1941
(v)HMS Fortuna31st May 1916
(w)HMS Gloucester22nd May 1941
(x)HMS Ghurka8th February 1917
(y)HMS G814th January 1918
(z)HMS Hood24th May 1941
(aa)HMS Indefatigable31st May 1916
(bb)HMS Invincible31st May 1916
(cc)RFA Isleford25th January 1942
(dd)HMS K431st January 1918
(ee)HMS K1731st January 1918
(ff)HMT Kurd10th July 1945
(gg)HMS L2410th January 1924
(hh)HMS Loyalty22nd August 1944
(ii)HMS Lynx9th August 1915
(jj)HMS M112th November 1925
(kk)HMS M226th January 1932
(ll)SS Mendi21st February 1917
(mm)HMS Mourne15th June 1944
(nn)HMS Nestor31st May 1916
(oo)HMS Nomad31st May 1916
(pp)HMS Pathfinder5th September 1914
(qq)HMS Patia27th April 1941
(rr)HMS Penylan3rd December 1942
(ss)HMS Prince of Wales10th December 1941
(tt)HMS Queen Mary31st May 1916
(uu)HMS Repulse10th December 1941
(vv)HMS Shark31st May 1916
(ww)HMS Sheffield9th May 1982
(xx)RFA Sir Galahad25th June 1982
(yy)HMS Sparrowhawk31st May 1916
(zz)SS Storaa3rd November 1943
(aaa)HMS Swordfish7th November 1940
(bbb)HMS Tipperary31st May 1916
(ccc)HMS Turbulent31st May 1916
(ddd)HMS Umpire19th July 1941
(eee)HMS Vandal24th February 1943
(fff)HMS Vervain20th February 1945
(ggg)HMS Vortigern15th March 1942
(hhh)HMS Warrior31st May 1916
(iii)HMS Warwick20th February 1944
(jjj)the U-125th October 1939
(kkk)the U71414th March 1945
(lll)the U-101827th February 1945
(mmm)the U-106315th April 1945
(nnn)the UB-6514th July 1918

Article 3

SCHEDULE 2Designated controlled sites

Remains of vessels concernedArea designated as controlled siteLatitude of relevant pointLongitude of relevant point
(ooo)HMS BulwarkArea situated within 100 metres from the relevant point51°25.392-� N.00°39.172-� E.
(ppp)HMS NatalArea situated within 100 metres from the relevant point57°41.244-� N.04°05.310-� W.
(qqq)HMS A7Area situated within 200 metres from the relevant point50°18.518-� N.04°17.984-� W.
(rrr)HMS DasherArea situated within 200 metres from the relevant point55°37.747-� N.05°00.953-� W.
(sss)HMS Royal OakArea situated within 200 metres from the relevant point58°55.848-� N.02°59.001-� W.
(ttt)HMS VanguardArea situated within 200 metres from the relevant point58°51.400-� N.03°06.405-� W.
(uuu)UB-81Area situated within 250 metres from the relevant point50°29.442-� N.00°58.351-� W.
(vvv)HMS H5Area situated within 300 metres from the relevant point53°05.483-� N.04°41.975-� W.
(www)HMS HampshireArea situated within 300 metres from the relevant point59°07.065-� N.03°23.843-� W.
(xxx)HMS AffrayArea situated within 400 metres from the relevant point49°50.023-� N.02°34.533-� W.
(yyy)HMS FormidableArea situated within 400 metres from the relevant point50°13.179-� N.03°04.071-� W.
(zzz)HMS ExmouthArea situated within 750 metres from the relevant point58°18.467-� N.02°28.938-� W.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order designates:

Article 2 provides for, and Schedule 1 lists, the vessels designated as vessels to which the Act applies. This list includes the following vessels, which are designated as vessels for the first time under the Act: HMT Beech, RFA Creosol, HMS E18, HMS E50, HMS Fortuna, HMS G8, RFA Isleford, HMS Lynx, HMS Patia, U-1018 and U-1063.

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 is 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.

(2)

SI.2009/3380


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