Prior provision to be made to meet street works expenses

article 24(3) of Private Streets (Northern Ireland) Order 1980

• In force
• Strict liability
• Summary only
• Miscellaneous

The instrument creating this offence has not been revoked so far as the data shows.

What the provision says

3 Subject to paragraphs (4), (5), (6) and (7), if work is done in contravention of paragraph (1) or (2), the owner of the land on which the building is to be erected and, if he is

a different person, the person undertaking the erection of the building shall be liable on summary conviction to

a fine not exceeding £500 and any further contravention in respect of the same building shall constitute

a new offence and may be punished accordingly.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds

a different person

Conduct

contravening a requirement of the instrument

Fault element

Strict liability

Burden of proof

No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a different person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach article 24(3)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

1. Doing the thing the provision prohibits under the Private Streets (Northern Ireland) Order 1980, whatever the reason for doing it.
2. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial

Summary only — tried in a magistrates’ court

Maximum fine

£500

Maximum prison (summary)

Not determined

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

• Reduction in sentence for a guilty plea: definitive guideline All courts in England and Wales · in force from 1 June 2017

  The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.

• General guideline: overarching principles All courts in England and Wales · in force from 1 October 2019

  The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.

• Totality: definitive guideline All courts in England and Wales

  How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status

In force

Made

28 July 1980

In force from

Not determined

Extent

N.I.

How this was established: read from the revised (currently in force) text.

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

• Northern Ireland (Streets) Commons · 8 July 1980

  Resolved, That the draft Private Streets (Northern Ireland) Order 1980, which was laid before this House on 25 June, be approved.

• Private Streets (Northern Ireland) Order 1980 Lords · 17 July 1980
• Northern Ireland Commons · 4 June 1986

  . In Article 33 (security not to be deemed prior mortgage under Building Societies Acts) of the Private Streets (Northern Ireland) Order 1980 for the words from "section 32" where they first occur onwards there shall be substituted "section 11(2) (d) or (4) of the Building Societies Act 1986".

• Private Streets (Amendment) (Northern Ireland) Order 1992 Lords · 26 November 1992

  The noble Earl said: My Lords, the draft order amends the Private Streets (Northern Ireland) Order 1980, which is the legislative base dealing with all aspects of private streets matters in Northern Ireland. It contains provisions to amend the powers and duties of the Department of the Environment for Northern Ireland, as road authority, and the responsibilities of developers in certain matters relating to the…

Other offences in the same instrument

• Power to enter premises, etcarticle 35(8)
• Standards for construction of streetsarticle 5(3)

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.72.

Basis

the provision states liability on summary conviction; the provision states a penalty in older drafting

Confidence

0.72 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source

• This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
• Private Streets (Northern Ireland) Order 1980 Every offence this instrument creates, and its explanatory note
• MiscellaneousOther offences on the same subject
• Offences created in 1980