Information for purposes of levy

article 17(5) of The Ports (Northern Ireland) Order 1994

Status not determined
Mixed — some elements strict, some not
Transport: maritime, aviation, rail and harbours

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 Where a person fraudulently or negligently furnishes any incorrect particulars in response to a notice under paragraph (2) he shall be liable to a penalty not exceeding £3,000.

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 This is the text as originally made; later amendments are not shown here.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: Mixed — some elements strict, some not
Burden of proof: No statutory defence — prosecution proves everything

The prosecution must prove the conduct, and - for those elements the provision qualifies (fraudulently) - the state of mind it names. The remaining elements carry no fault requirement, so they are strict.

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

Classifier’s reasoning: both a mens rea word and an objective standard appear in the offence itself.

What would breach article 17(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.

Doing what the provision prohibits, or failing to do what it requires under the Ports (Northern Ireland) Order 1994.

Penalty

Mode of trial: Not determined
Maximum fine: £3,000
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.

Sentencing organisations: fines and the means of a corporate defendant All courts in England and Wales
How a fine on a company is arrived at from its turnover. Relevant far beyond the guidelines that state it, because a very large share of the offences in this corpus can only be committed by an organisation.
Health and safety offences, corporate manslaughter and food safety and hygiene offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales · in force from 1 February 2016
Covers breaches of duty under the Health and Safety at Work etc. Act 1974 and the regulations made under it, and food safety and food hygiene offences. Sentencing turns on culpability and on the seriousness and likelihood of harm risked, not only on the harm that happened.
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: Status not determined
Made: 2 November 1994
In force from: 3 January 1995
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 Order provides for the transfer of certain statutory port undertakings to companies limited by shares and registered under the Companies (Northern Ireland) Order 1986 and for the disposal of securities in such companies. Articles 15 to 18 provide for levies on the proceeds of disposals of such securities and Articles 19 and 20 for ldevies on gains accruing to such companies on subsequent disposals of land.

Read the full note and every offence in this instrument

What Parliament said

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

Business Of The House Commons · 24 June 1994
Ordered, That— (1) at the sitting on Monday 27th June, notwithstanding the provisions of Standing Order No. 9 (Sittings of the House), the Motion for the Adjournment of the House in the name of the Prime Minister shall lapse at Seven o'clock; and (2) notwithstanding the provisions of Standing Order No. 14 (Exempted business), the Speaker shall— (a) at the sitting on Tuesday 28th June, put the Questions on the…
Ports (Northern Ireland) Commons · 28 June 1994 · The Parliamentary Under-Secretary of State for Northern Ireland (Mr. Tim Smith)
I beg to move, That the draft Ports (Northern Ireland) Order 1994, which was laid before this House on 19th January, be approved. I understand that it will be convenient for the House also to discuss the second motion: That the draft Ports (Northern Ireland Consequential Provisions) Order 1994, which was laid before this House on 19th January, be approved. The orders reflect provisions already enacted in Great…
Ports (Northern Ireland) Commons · 28 June 1994
Resolved, That the draft Ports (Northern Ireland) Order 1994, which was laid before this House on 19th January, be approved.
Ports (Northern Ireland) Order 1994 Lords · 20 July 1994
The noble Baroness said: My Lords, the purpose of the draft Ports (Northern Ireland) Order 1994 is to enable a relevant port authority, if it so desires, to form a successor company, registered under the Companies (Northern Ireland) Order 1986, and to transfer to that company all of the port undertakings. It would introduce provisions broadly in line with those already in force in Great Britain by the enactment of…

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 0.68.

Basis: the provision states a penalty in older drafting
Confidence: 0.68 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.
The Ports (Northern Ireland) Order 1994 Every offence this instrument creates, and its explanatory note
Transport: maritime, aviation, rail and harboursOther offences on the same subject
Offences created in 1994