The Thetford Range Byelaws 2011

Statutory Instruments

2011 No. 1142

Defence

The Thetford Range Byelaws 2011

Made

5th April 2011

Coming into force

5th August 2011

The Secretary of State for Defence makes the following byelaws in exercise of the powers conferred by sections 14(1) and 15 of the Military Lands Act 1892(1).

In accordance with section 17(1) of that Act, the Secretary of State consulted on the proposed byelaws by causing them to be made known in the locality and considering every objection received.

Citation and commencement

1.  These byelaws may be cited as the Thetford Range Byelaws 2011 and shall come into force on 5th August 2011.

Revocation

2.  The Thetford Rifle Range in the County of Norfolk Byelaws 1916(2) are revoked.

Interpretation

3.  In these byelaws—

“Appointed Person” means the Crown servant who has been appointed by the Secretary of State for Defence to be responsible for the Range Area; and

“Range Area” means the area of land shown coloured blue on the byelaws map set out in Schedule 1 and known as the Thetford Range, and shown for illustrative purposes only on the byelaws location map set out in that Schedule.

Application of byelaws

4.  These byelaws apply to the Range Area.

Range Area closed to the public

5.  Members of the public shall not—

(a) enter or remain within the Range Area;

(b) allow any animal under their control to enter or remain within the Range Area.

Requirement to use flags or lights when Range Area in use

6.  When the Range Area is being used for a military purpose, notice of the fact shall be given by the raising of a red flag during daylight hours and the illumination of a light at all other times at the locations set out in the table in Schedule 2.

Contravention of byelaws

7.  Any person who contravenes or attempts to contravene byelaw 5 commits an offence.

Enforcement

8.  The following persons are authorised to remove from the Range Area and to take into custody without warrant any person committing an offence against these byelaws and to remove from that area any animal found there in contravention of these byelaws—

(a) the Appointed Person;

(b) any officer, warrant officer, or non-commissioned officer in uniform and acting under the instructions of the Appointed Person; and

(c) any other Crown servant authorised in writing by the Appointed Person.

Signed on behalf of the Secretary of State

Andrew Robathan

Parliamentary Under Secretary of State

Ministry of Defence

5th April 2011

Byelaw 3

SCHEDULE 1

Byelaws map

Byelaw 6

SCHEDULE 2

Range Area – Locations of warning flags and night lights

Byelaws Map reference number	Degrees Latitude (European Terrestrial Reference System 89)	Degrees Longitude (European Terrestrial Reference System 89
1	52.42048	0.67757
2	52.41959	0.68040
3	52.41863	0.68384
4	52.41775	0.68658
5	52.41691	0.68951
6	52.41575	0.69324
7	52.41488	0.69586
8	52.41380	0.69910
9	52.41340	0.70165
10	52.41245	0.70490
11	52.41049	0.70542
12	52.40910	0.70548
13	52.40831	0.70781
14	52.40772	0.70982
15	52.40579	0.71192
16	52.40540	0.71322
17	52.40502	0.71408
18	52.40336	0.71604
19	52.40169	0.71502
20	52.40022	0.71187
21	52.39850	0.70724
22	52.40011	0.70474
23	52.40015	0.70290
24	52.40075	0.70119
25	52.40057	0.69646
26	52.40270	0.69299
27	52.40256	0.69187
28	52.40272	0.68908
29	52.40377	0.68270
30	52.40560	0.67709
31	52.40740	0.67673
32	52.40875	0.67667
33	52.40922	0.68787
34	52.40492	0.75348
35	52.40902	0.66859
36	52.41048	0.66977
37	52.41157	0.67139
38	52.41285	0.67221
39	52.41295	0.67004
40	52.41456	0.67055
41	52.41569	0.67208
42	52.41709	0.67364
43	52.41815	0.67473

EXPLANATORY NOTE

(This note is not part of the Byelaws)

Part II of the Military Lands Act 1892 (c.43) (“the 1892 Act”) provides for the making of byelaws for regulating the use of land held for military purposes and for securing the safety of the public against danger arising from that use.

These byelaws regulate the area of land known as the Thetford Range in Norfolk, East Anglia (referred to as the Range Area in these byelaws).

Byelaw 5 provides that there is no public access to the Range Area at any time. The Range Area is leased and it is a condition of that lease that no rights of access are granted to the public. This byelaw does not affect any rights of access reserved to the owner of the Range Area.

Byelaw 7 provides that it is an offence to contravene byelaw 5.

The enforcement powers of constables and authorised officers are set out in section 17(2) of the 1892 Act. Constables are no longer able to exercise the power of arrest set out in that section but are able instead to use the powers of arrest set out in the Police and Criminal Evidence Act 1984 (c.60).

By virtue of section 17(2) of the 1892 Act, any person who commits an offence against any byelaw made under the Act is liable on conviction before a court of summary jurisdiction to a fine not exceeding level 2 on the standard scale. At the time of printing the maximum fine payable is five hundred pounds (£500).

A copy of these byelaws may be inspected on the Ministry of Defence website—

http://www.mod.uk/DefenceInternet/MicroSite/DE/OurPublications/Byelaws/EastAnglia/

Copies may be inspected on signboards erected locally. Copies may also be obtained from the Librarian, Defence Estates, Kingston Road, Sutton Coldfield B75 7RL.

(1)

1892 c. 43.

(2)

S.R.& O. No. 15 of 1916.