UK Offence Report

Penalties

regulation 15(2) of The Harbour Works (Environmental Impact Assessment) Regulations (Northern Ireland) 2003 (revoked)

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

2 A person who fails without reasonable excuse to comply with

a notice served upon him under regulation 12(1) or 14(1) shall be guilty of an offence and liable on summary conviction to

a fine not exceeding level

3 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 This is the text as originally made; later amendments are not shown here.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
An element of the offence, for the prosecution to prove

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.

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

2 A person who fails without reasonable excuse to comply with a notice served upon him under regulation 12(1) or 14(1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

What would breach regulation 15(2)?

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. On these words an offence is committed where a person fails without reasonable excuse to comply with a notice served upon him under regulation 12(1) or 14(1).
  2. Doing what the provision prohibits, or failing to do what it requires under the Harbour Works (Environmental Impact Assessment) Regulations (Northern Ireland) 2003.

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
6 March 2003
In force from
14 April 2003
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 Regulations.) — the explanatory note published with the instrument, © Crown copyright.

These Regulations implement, for Northern Ireland, Council Directive 85/337/EEC (as amended by Council Directive 97/11/EC) in the assessment of the effects of certain public and private projects on the environment, in respect of certain harbour works. Except for applications relating to harbour works made prior to 14th April 2003, these Regulations replace the Harbour Works (Assessment of Environmental Effects) (Northern Ireland) Regulations 1990 and amendments to them made by the Harbour Works (Assessment of Environmental Effects) (Amendment) Regulations (Northern Ireland) 1996. The main changes made by Directive 97/11/EC, which these Regulations implement are increased coverage of the types of development requiring environmental impact assessment (EIA); a requirement for individual determinations; clarification of the way in which or whether EIA is required for every Annex II project exceeding the thresholds established by the Member States; a requirement to give advice on the content of the environmental statement if the developer so requests; a requirement to publicise the decision on the need for EIA and also the consent decision; a requirement to give reasons for decisions for granting or refusing consent; enhanced consultation arrangements with other Member States where projects are likely to have significant transboundary effects. Regulation 3 provides that the Regulations apply only to harbour works below the low water mark of medium tides which are not subject to planning control or require a fish culture licence. There are separate Environmental Impact Assessment Regulations relating to planning matters and the grant of fish culture licences. Regulation 4 provides for a developer who is minded to make an application relating to harbour works to be able to obtain a prior opinion on the information to be supplied in any environmental statements. Regulation 5 applies where a prior opinion has been given under Regulation 4 to the effect that the Regulations apply to the proposed harbour works. Where the Department determines that the proposed works constitute a relevant project then an environmental statement in a form to be specified by the Department will be required. Regulation 6 applies to applications relating to harbour works where no prior opinion has been given. In that event the Department will require to determine whether the proposed works constitute a relevant project which will require an environmental statement. Regulation 7 provides for the public advertisement of an environmental statement required under Regulations 5 or 6. The public may make representations concerning the proposed harbour works. Regulation 8 contains provisions for notifying and consulting with other EEA States in relation to projects likely to have environmental effects on those States and for giving them the opportunity to make representations in respect of such projects. Regulation 9 applies where another EEA State has information regarding a proposed project in that EEA State which is likely to have significant effects on the environment in Northern Ireland. There are provisions regarding consultations between the EEA State and the opportunity for members of the public in Northern Ireland to submit representations to the competent authority in that EEA State. Regulation 10 provides for consultation on and the holding of an Inquiry into proposed harbour works. Any party which has made representations regarding the proposed harbour works is to have the opportunity to appear before the Inquiry. Regulation 11 prescribes the process which the Department should undertake when deciding whether to grant consent for proposed harbour works. It requires to take into account all of the information and representations provided in accordance with the Regulations. Regulation 12 applies where harbour works are carried out without any consent required under the Regulations. The Department is empowered to require the developer to provide necessary information. Regulation 13 requires proposals to change or extend any harbour works which are the subject of a consent under the Regulations to be the subject of an application to the Department for a variation of that consent. Regulation 14 contains enforcement provisions where a developer carries out harbour works in respect of which consent has been refused or in contravention of a condition subject to which consent was granted. If the developer fails to comply with the terms of any Notice the works may be removed and the site re-instated. In that event the Department will be entitled to recover the expense of the removal or re-instatement. Regulation 15 specifies penalties for breaches of the Regulations. A regulatory impact assessment is not required as the changes introduced by these Regulations will not impose any additional costs or savings and will have a negligible impact on business. Copies of Council Directive 85/337/EEC and 97/11/EC and other Directives referred to in the Regulations are available from the European Commission office in Northern Ireland, Windsor House, 9/15 Bedford Street, Belfast BT2 7EG.

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 0.92.

Basis
the provision says a person is “guilty of an offence”
Confidence
0.92 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