2009 No. 3380

Defence

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

Made

Coming into force

The vessels specified in schedule 1 appear to the Secretary of State for Defence (“the Secretary of State”) to fall within section 1(2)(a) and (3) of the Protection of Military Remains Act 19861 (“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 and commencement and interpretation1

1

This Order may be cited as the Protection of Military Remains Act 1986 (Designation of Vessels and Controlled Sites) Order 2009 and shall come into force on 1st February 2010.

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 vessels2

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

Designated controlled sites3

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

Revocation4

The Protection of Military Remains Act 1986 (Designation of Vessels and Controlled Sites Order 20082 is revoked.

Kevan JonesParliamentary Under Secretary of StateMinistry of Defence

SCHEDULES

SCHEDULE 1Designated vessels

Article 2

Name of vessel

Date of sinking (on or about)

(a)

Atlantic Conveyor

25th May 1982

(b)

HMS Acheron

17th December 1940

(c)

HMS Amphion

6th August 1914

(d)

HMS Ardent

31st May 1916

(e)

HMS Black Prince

31st May 1916

(f)

HMS Blackwood

15th June 1944

(g)

HMS Boadicea

13th June 1944

(h)

HMS Bullen

6th December 1944

(i)

HMS Calgarian

1st March 1918

(j)

HMS Curacao

2nd October 1942

(k)

HMS Defence

31st May 1916

(l)

HMS Delight

29th July 1940

(m)

HMS Duke of Albany

26th August 1916

(n)

HMS Exmoor

25th February 1941

(o)

HMS Fisgard II

17th September 1914

(p)

HMS Fitzroy

27th May 1942

(q)

HMS Fortune

31st May 1916

(r)

HMS Gloucester

22nd May 1941

(s)

HMS Ghurka

8th February 1917

(t)

HMS Hood

24th May 1941

(u)

HMS Indefatigable

31st May 1916

(v)

HMS Invincible

31st May 1916

(w)

HMS K4

31st January 1918

(x)

HMS K17

31st January 1918

(y)

HMT Kurd

10th July 1945

(z)

HMS L24

10th January 1924

(aa)

HMS Loyalty

22nd August 1944

(bb)

HMS M1

12th November 1925

(cc)

HMS M2

26th January 1932

(dd)

SS Mendi

21st February 1917

(ee)

HMS Mourne

15th June 1944

(ff)

HMS Nestor

31st May 1916

(gg)

HMS Nomad

31st May 1916

(hh)

HMS Pathfinder

5th September 1914

(ii)

HMS Penylan

3rd December 1942

(jj)

HMS Prince of Wales

10th December 1941

(kk)

HMS Queen Mary

31st May 1916

(ll)

HMS Repulse

10th December 1941

(mm)

HMS Shark

31st May 1916

(nn)

HMS Sheffield

9th May 1982

(oo)

RFA Sir Galahad

25th June 1982

(pp)

HMS Sparrowhawk

31st May 1916

(qq)

SS Storaa

3rd November 1943

(rr)

HMS Swordfish

7th November 1940

(ss)

HMS Tipperary

31st May 1916

(tt)

HMS Turbulent

31st May 1916

(uu)

HMS Umpire

19th July 1941

(vv)

HMS Vandal

24th February 1943

(ww)

HMS Vervain

20th February 1945

(xx)

HMS Vortigern

15th March 1942

(yy)

HMS Warrior

31st May 1916

(zz)

HMS Warwick

20th February 1944

(aaa)

the U-12

5th October 1939

(bbb)

the U714

14th March 1945

(ccc)

the UB-65

14th July 1918

SCHEDULE 2Designated controlled sites

Article 3

Remains of vessel concerned

Area designated as controlled site

Latitude of relevant point

Longitude of relevant point

(a)

HMS Bulwark

Area situated within 100 metres from the relevant point

51°25.392′ N.

00°39.172′ E.

(b)

HMS Natal

Area situated within 100 metres from the relevant point

57°41.244′ N.

04°05.310′ W.

(c)

HMS A7

Area situated within 200 metres from the relevant point

50°18.518′ N.

04°17.984′ W.

(d)

HMS Dasher

Area situated within 200 metres from the relevant point

55°37.747′ N.

05°00.953′ W.

(e)

HMS Royal Oak

Area situated within 200 metres from the relevant point

58°55.848′ N.

02°59.001′ W.

(f)

HMS Vanguard

Area situated within 200 metres from the relevant point

58°51.400′ N.

03°06.405′ W.

(g)

UB-81

Area situated within 250 metres from the relevant point

50°29.442′ N.

00°58.351′ W.

(h)

HMS H5

Area situated within 300 metres from the relevant point

53°05.483′ N.

04°41.975′ W.

(i)

HMS Hampshire

Area situated within 300 metres from the relevant point

59°07.065′ N.

03°23.843′ W.

(j)

HMS Affray

Area situated within 400 metres from the relevant point

49°50.023′ N.

02°34.533′ W.

(k)

HMS Formidable

Area situated within 400 metres from the relevant point

50°13.179′ N.

03°04.071′ W.

(l)

HMS Exmouth

Area situated within 750 metres from the relevant point

58°18.467′ N.

02°28.938′ W.

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.