The British Underwater Test and Evaluation Centre Byelaws 2016

EXPLANATORY NOTE

(This note is not part of the Byelaws)

These Byelaws regulate areas of land, foreshore and sea known as the British Underwater Test and Evaluation Centre (“BUTEC”). This comprises the BUTEC Base Area at the Kyle of Lockalsh and the BUTEC Sea Ranges, between the isle of Raasay and Applecross on the mainland. They are shown on the Byelaws Location Maps 1 and 2 set out in Schedule 1. The location of numbered points shown on Maps 1 and 2 on the boundary of the BUTEC Base Area and BUTEC Sea Ranges are set out in the tables in Schedule 2. Table 3 in Schedule 2 gives the location of numbered points shown on Map 1 on the boundary of the inner sea area. Different byelaws apply to different parts of these 2 areas.

Byelaw 3 regulates entry to the protected land areas, protected sea areas and the inner sea area. These areas are closed to unauthorised persons. It is an offence to enter such an area or cause anything to enter that obstructs the use of an area. It is also an offence to fly or cause anything to fly over such an area at a height of less than 500ft.

Byelaw 4(1) regulates activities in the outer sea areas, which remain open under the byelaws. Certain activities are not permitted, for example fishing other than by line, creel or diving. When part of those areas is uncovered by the tide byelaw 4(3) provides that the rules set out in byelaw 5(4) apply to that part. A breach of byelaw 4(1) is an offence.

Byelaw 5 regulates entry to and use of the controlled land area at Applecross on the mainland. Under byelaw 5(1) public access is permitted unless the area is being used for a military purpose. Under byelaw 5(2), if the area is being so used, entry is not permitted. When entry is permitted, under byelaw 5(4) there are a number of activities that are not allowed, for example, obstructing personnel who are using the site for an authorised military purpose. A breach of byelaw 5(2) or 5(4) is an offence.

Under byelaw 6 certain people are exempted from parts of these Byelaws. In particular—

(a) a person who has received written permission from the appointed person so long as they act in accordance with that permission: any person seeking written permission under byelaw 6(2)(a) should apply in writing to the TEST PT Resident Project Officer, MOD, BUTEC, Kyle of Lochalsh, IV40 8AJ.

(b) a person who has received oral permission from the watch-keeper for the inner sea area to navigate through is exempt from the offence under byelaw 3 so long as they act in accordance with that permission: any person seeking oral permission to navigate through the inner sea area under byelaw 6(4) should contact Range Control on VHF channel 16.

Under byelaw 7 a direction to leave an area may be given by a constable and certain other persons in order to prevent an offence being committed under byelaw 3(1)(a), 3(1)(b), 3(1)(d), 4(1), 5(2) or 5(4). That direction may include a requirement that the person does not return to the area before a specified period (of not more than 28 days) has expired. It is an offence under byelaw 7(7) to fail to comply with a direction to leave.

In certain circumstances a constable or enforcement officer may under byelaw 8 remove a person from an area.

If any person finds any military equipment or materials in the outer sea areas they are requested to make a report of the location at which the items were returned to the water to Range Control on VHF channel 16.