The Protection of Military Remains Act 1986 (Designation of Vessels and Controlled Sites) Order 2008

Made: 1st April 2008

Coming into force: 1st May 2008

The Secretary of State for Defence in exercise of the powers conferred by section 1(2) of the Protection of Military Remains Act 1986¹ (“the Act”), makes the following Order—

Citation and 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 2008 and shall come into force on 1st May 2008.

• (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 following vessels is designated as a vessel to which the Act applies—

• (a) the vessel known as Atlantic Conveyor, which sank on or about 25th May 1982;

• (b) the vessel known as HMS Acheron, which sank on or about 17th December 1940;

• (c) the vessel known as HMS Amphion, which sank on or about 6th August 1914;

• (d) the vessel known as HMS Ardent, which sank on or about 31st May 1916;

• (e) the vessel known as HMS Black Prince, which sank on or about 31st May 1916;

• (f) the vessel known as HMS Blackwood, which sank on or about 15th June 1944;

• (g) the vessel known as HMS Boadicea, which sank on or about 13th June 1944;

• (h) the vessel known as HMS Bullen, which sank on or about 6th December 1944;

• (i) the vessel known as HMS Curacao, which sank on or about 2nd October 1942;

• (j) the vessel known as HMS Defence, which sank on or about 31st May 1916;

• (k) the vessel known as HMS Delight, which sank on or abut 29th July 1940;

• (l) the vessel known as HMS Exmoor, which sank on or abut 25th February 1941;

• (m) the vessel known as HMS Fortune, which sank on or abut 31st May 1916;

• (n) the vessel known as HMS Gloucester, which sank on or about 22nd May 1941;

• (o) the vessel known as HMS Ghurka, which sank on or about 8th February 1917;

• (p) the vessel known as HMS Hood, which sank on or about 24th May 1941;

• (q) the vessel known as HMS Indefatigable, which sank on or about 31st May 1916;

• (r) the vessel known as HMS Invincible, which sank on or about 31st May 1916;

• (s) the vessel known as HMS K4, which sank on or about 31st January 1918;

• (t) the vessel known as HMS K17, which sank on or about 31st January 1918;

• (u) the vessel known as HMS L24, which sank on or about 10th January 1924;

• (v) the vessel known as HMS Loyalty, which sank on or about 22nd August 1944;

• (w) the vessel known as HMS M1,which sank on or about 12th November 1925;

• (x) the vessel known as HMS M2, which sank on or about 26th January 1932;

• (y) the vessel known as HMS Nestor, which sank on or about 31st May 1916;

• (z) the vessel known as HMS Nomad, which sank on or about 31st May 1916;

• (aa) the vessel known as HMS Penylan, which sank on or about 3rd December 1942;

• (bb) the vessel known as HMS Prince of Wales, which sank on or about 10th December 1941;

• (cc) the vessel known as HMS Queen Mary, which sank on or about 31st May 1916;

• (dd) the vessel known as HMS Repulse, which sank on or about 10th December 1941;

• (ee) the vessel known as HMS Shark, which sank on or about 31st May 1916;

• (ff) the vessel known as HMS Sheffield, which sank on or about 9th May 1982;

• (gg) the vessel known as RFA Sir Galahad, which sank on or about 25th June 1982;

• (hh) the vessel known as HMS Sparrowhawk, which sank on or about 31st May 1916;

• (ii) the vessel known as SS Storaa, which sank on or about 3rd November 1943;

• (jj) the vessel known as HMS Swordfish, which sank on or about 7th November 1940;

• (kk) the vessel known as HMS Tipperary, which sank on or about 31st May 1916;

• (ll) the vessel known as HMS Turbulent, which sank on or about 31st May 1916;

• (mm) the vessel known as HMS Umpire, which sank on or about 19th July 1941;

• (nn) the vessel known as HMS Vandal, which sank on or about 24th February 1943;

• (oo) the vessel known as HMS Vortigern, which sank on or about 15th March 1942;

• (pp) the vessel known as HMS Warrior, which sank on or about 31st May 1916;

• (qq) the vessel known as HMS Warwick, which sank on or about 20th February 1944;

• (rr) the vessel known as the U-12, which sank on or about 5th October 1939;

• (ss) the vessel known as the U714, which sank on or about 14th March 1945; and

• (tt) the vessel known as the UB-65, which sank on or about 14th July 1918.

Designated controlled sites

3

Each of the following areas is designated as a controlled site—

• (a) the areas which are situated within a distance of 100 metres of the point at—

• (i) Latitude 51° 25.392′ North, Longitude 00° 39.172′ East, which contains the remains of the vessel known as HMS Bulwark, and

• (ii) Latitude 57° 41.244′ North, Longitude 04° 05.310′ West, which contains the remains of the vessel known as HMS Natal;

• (b) The areas which are situated within a distance of 200 metres of the point at—

• (i) Latitude 50° 18.518′ North, Longitude 04° 17.984′ West, which contains the remains of the vessel known as HMS A7,

• (ii) Latitude 55° 37.747′ North, Longitude 05° 00.953′ West, which contains the remains of the vessel known as HMS Dasher,

• (iii) Latitude 58° 55.848′ North, Longitude 02° 59.001′ West, which contains the remains of the vessel known as Royal Oak, and

• (iv) Latitude 58° 51.400′ North, Longitude 03° 06.405′ West, which contains the remains of the vessel known as HMS Vanguard;

• (c) the area containing the vessel known as UB-81, which is situated within a distance of 250 metres of the point of Latitude 50° 29.442′ North, Longitude 00° 58.351′ West;

• (d) the area which are situated within a distance of 300 metres of the point at—

• (i) Latitude 53° 05.483′ North, Longitude 04° 41.975′ West, which contains the remains of the vessel known as HMS H5, and

• (ii) Latitude 59° 07.065′ North, Longitude 03° 23.843′ West, which contains the remains of the vessel known as HMS Hampshire;

• (e) the areas which are situated within a distance of 400 metres of the point at—

• (i) Latitude 49° 50.023′ North, Longitude 02° 34.533′ West, which contains the remains of the vessel known as HMS Affray, and

• (ii) Latitude 50° 13.179′ North, Longitude 03° 04.071′ West, which contains the remains of the vessel known as HMS Formidable; and

• (f) the area containing the vessel known as HMS Exmouth, which is situated within a distance of 750 metres of the point at Latitude 58° 18.467′ North, Longitude 02° 28.938′ West.

Revocation

4

The Protection of Military Remains Act 1986 (Designation of Vessels and Controlled Sites Order 2006² is revoked.

Signed

Derek Twigg — Parliamentary Under Secretary of State for Defence — Ministry of Defence — 1st April 2008

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

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 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: Atlantic Conveyor, HMS Amphion, HMS Curacao, HMS Delight, HMS Ghurka, HMS L24, HMS Loyalty, HMS Penylan, SS Storaa and U-714.

Article 3 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. 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 prohibited works and operations.

Footnotes