UK Offence Report

5 For every offence committed under this Article the trade union, employers' association or other person…

article 13(5) of The Industrial Relations (Northern Ireland) Order 1992

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

5 For every offence committed under this Article the trade union, employers' association or other person guilty of the offence shall be liable on summary conviction—

a in the case of an offence under paragraph (1), to

a fine not exceeding level

3 on the standard scale;

b in the case of an offence under paragraph (4), to

a fine not exceeding level

5 on the standard scale.

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 This is the text as originally made; later amendments are not shown here.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 person
Conduct
breaching the provision
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 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 13(5)?

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 what the provision prohibits, or failing to do what it requires under the Industrial Relations (Northern Ireland) Order 1992.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£1,000
Standard scale
Level 3
Maximum prison (summary)
Not determined

in Northern Ireland a reference to a level is construed as referring to the standard scale as it currently stands (Fines and Penalties (NI) Order 1984 art.5(3)), not as it stood when the instrument was made.

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.

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
Status not determined
Made
16 March 1992
In force from
Not determined
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Order) — the explanatory note published with the instrument, © Crown copyright.

Parts II to X make fresh provision in relation to trade unions and employers' associations in place of the Trade Union Acts (Northern Ireland) 1871 to 1965 and certain provisions of the Industrial Relations (Northern Ireland) Orders 1976, 1982 and 1987. Part II provides for the definition, status and general regulation of trade unions and employers' associations. Part III provides for legal proceedings and restrictions on legal liability. Part IV sets out certain rights of trade union members. Part V requires employers to disclose certain information to independent trade unions for the purposes of collective bargaining. Parts VI and VII provide for secret ballots of the members of trade unions before undertaking industrial action and for the purposes of elections for certain positions in the union. Part VIII restricts the application of funds by a trade union or employers' association for political purposes. Part IX provides for the appointment and functions of the Northern Ireland Certification Officer and the Northern Ireland Commissioner for the Rights of Trade Union Members. Part X provides for the amalgamation of trade unions or employers' associations. Part XI contains provisions relating to the machinery for promoting the improvement of industrial relations. Articles 82 to 90 re-enact, with amendments, the provisions of the Industrial Relations (Northern Ireland) Order 1976 relating to the constitution and functions of the Labour Relations Agency. Articles 91 to 94 re-enact, with amendments, the Industrial Courts Act 1919 and provide for the constitution and functions of the Industrial Court and of courts of inquiry. Article 95 provides for the issue of Codes of Practice by the Department. Part XII contains miscellaneous amendments of industrial relations law, including amendments as to employees' individual rights and the holding of ballots. That Part also amends the Fair Employment (Northern Ireland) Acts.

Read the full note and every offence in this instrument

Other offences in the same instrument

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
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