Duty to inspect records

article 13A(6) of The Street Works (Amendment) (Northern Ireland) Order 2007

Status not determined
Strict liability
Miscellaneous

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

6 The regulations may create
a summary offence, punishable with
a fine not exceeding level
5 on the standard scale, in respect of any contravention by an undertaker of
a requirement of the regulations.

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 This is the text as originally made; later amendments are not shown here.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 13A(6)?

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 Street Works (Amendment) (Northern Ireland) Order 2007.

Penalty

Mode of trial: Not determined
Maximum fine: £5,000
Standard scale: Level 5
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.

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: 7 February 2007
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 Order amends the Street Works (Northern Ireland) Order 1995 to provide the Department for Regional Development with additional powers for the management and control of street works. The Order also increases the level of fines for certain offences and provides for the issue of fixed penalty notices in respect of certain offences. It also provides for the introduction of a permit scheme to control specified street works.

Read the full note and every offence in this instrument

Other offences in the same instrument

Permit schemearticle 12A(3)
Permit schemearticle 12A(3)(e)
Power to give directions as to placing of apparatusarticle 16A(6)
Charges where works unreasonably prolongedarticle 18(7)
Re-surfacing: regulationsarticle 33D(4)
Charge determined by reference to duration of worksarticle 34A(8)
Notices of street worksarticle 6(2)

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 0.60.

Basis: the provision says the conduct is “punishable”
Confidence: 0.60 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 Street Works (Amendment) (Northern Ireland) Order 2007 Every offence this instrument creates, and its explanatory note
MiscellaneousOther offences on the same subject
Offences created in 2007