UK Offence Report

1 It is an offence for a person– a to contravene regulation 9(1); b to fail to comply with or to contravene…

regulation 33(1) of The Pollution Prevention and Control 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

1 It is an offence for

a person–

a to contravene regulation 9(1);

b to fail to comply with or to contravene

a condition of

a permit;

c to fail to comply with regulation 16(1);

d to fail to comply with the requirements of an enforcement notice or

a suspension notice;

e without reasonable excuse to fail to comply with any requirement imposed under regulation 27;

f without reasonable excuse–

i to fail or refuse to provide facilities or assistance or any information or to permit any inspection reasonably required by an inspector in the execution of his powers or duties under regulation 27; or

ii to prevent any other person from appearing before an inspector, or answering any questions to which an inspector may require an answer, pursuant to regulation 27(3);

g without reasonable excuse to fail to comply with any requirement imposed by

a notice under regulation 29(2);

h to make

a statement which he knows to be false or misleading in

a material particular, or recklessly to make

a statement which is false or misleading in

a material particular, where the statement is made–

i in purported compliance with

a requirement to furnish any information imposed by or under of these Regulations; or

ii for the purpose of obtaining the grant of

a permit to himself or any other person, or the variation, transfer or surrender of

a permit;

i intentionally to make

a false entry in any record required to be kept under

a condition of

a permit;

j with intent to deceive, to forge or use

a document issued or authorised to be issued under

a condition of

a permit or required for any purpose under

a condition of

a permit or to make or have in his possession

a document so closely resembling any such document as to be likely to deceive;

k to fail to comply with an order made by

a court under regulation 36;

l intentionally to obstruct an inspector in the exercise or performance of his powers or duties;

m falsely to pretend to be an inspector.

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
obstructing an official exercising a power
Fault element
Requires proof of a state of mind
Burden of proof
An element of the offence, for the prosecution to prove

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (for the purpose of obtaining, intentionally, recklessly, with intent to).

“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: mens rea word in the offence-creating words: intentionally, with intent to, recklessly, for the purpose of obtaining; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

irements of an enforcement notice or a suspension notice; e without reasonable excuse to fail to comply with any requirement imposed under regulation 27; f without reasonable excuse– i to fail or refuse to provide facilities or assistance or any information or to permit any inspection reasonably required by an inspector in the execution of his

What would breach regulation 33(1)?

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. Refusing to let an inspector onto premises they are entitled to enter under the Pollution Prevention and Control Regulations (Northern Ireland) 2003.
  2. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  3. Physically blocking an examination, or removing something an officer has said they intend to inspect.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£5,000
Standard scale
Level 5
Maximum prison (summary)
6 months
Maximum prison (on indictment)
5 years

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
31 January 2003
In force from
31 March 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 Order) — the explanatory note published with the instrument, © Crown copyright.

These Regulations are made under Article 4 of the Environment (Northern Ireland) Order 2002. They set out a pollution control regime for the purpose of implementing the Integrated Pollution Prevention and Control Directive (Council Directive 96/61/EC) and for regulating other environmentally polluting activities not covered by the Directive. The Regulations apply to Northern Ireland. The Regulations control the operation of any installations or mobile plant carrying out any of the activities listed in Part 1 of Schedule 1 to the Regulations. Installations or mobile plant used to carry out activities listed under the heading “Part A” in Part 1 of Schedule 1 (Part A installations and mobile plant) are subject to integrated pollution control by the Chief Inspector. Those used to carry out activities listed under the heading “Part B” (Part B installations and mobile plant) are subject to air pollution control by the Chief Inspector. Those used to carry out activities listed under the heading “Part C” (Part C installations and mobile plant) are subject to air pollution control by district councils. Part 2 of Schedule 1 sets out some rules for the interpretation of Part 1 of the Schedule. Part 3 of Schedule 1 sets out rules for the interpretation of “Part A installation” etc. Part 1 of the Regulations (regulations 1 to 8) sets out general provisions. There are definitions in regulations 2 and 3. Regulation 7 determines which installations and mobile plant are regulated by the Chief Inspector and which by the district councils (see above). Regulation 8 deals with the appointment of the chief inspector and other inspectors. Part 2 deals with the need for a permit to operate an installation or mobile plant covered by the Regulations (regulation 9), the procedure for granting permits and the contents of permits (regulations 10 to 14 and Schedules 4 and 5), and the treatment of permits once granted (regulations 15 to 21 and Schedule 7). The basic requirement for conditions of permits (regulation 12) is to impose emission limit values based on the best available techniques. (“Best available techniques” is defined in regulation 2 and Schedule 2 sets out considerations which have to be taken into account when determining the best available techniques). Schedule 6 sets out the compensation provisions applicable where a person is required under regulation 12 to allow an operator of an installation or Part A mobile plant to carry out work on that person’s land. Regulation 13 provides for the Department to notify the chief inspector of conditions which it considers appropriate in relation to preventing or reducing emissions to water from Part A installations and mobile plant regulated by the chief inspector. Regulation 14 enables the Department to make general binding rules containing requirements which may apply instead of conditions included in permits. Regulations 15 and 17 to 21 and Schedule 7 deal with the review, variation, transfer, surrender and revocation of permits. Regulation 16 requires the operator of a permitted installation to give the enforcing authority notice of any proposed change in the operation of that installation. Regulation 22 provides for the Department to make charging schemes setting fees and charges to be paid in respect of applications made under the Regulations and in respect of variations, transfers, surrenders, appeals and the subsistence of permits. Part 3 (regulations 23 to 27) contains the enforcement powers under the Regulations. Part 4 (regulation 28) and Schedule 9 provide for appeals to the Planning Appeals Commission. Part 5 (regulations 29 to 32) and Schedule 10 set out information gathering powers and publicity requirements. Part 6 (regulations 33 to 36) sets out offences for contraventions of the Regulations and provides for enforcement by the High Court and the admissibility of evidence. Part 7 (regulations 37 to 39) enables the Department to give directions and guidance to enforcing authorities and to make plans relating to emissions. Part 8 and Schedule 11 deal with the disclosure of information and the consequential amendments required by the introduction of the pollution control regimes in the Regulations. Schedule 3 sets out the transitional provisions for bringing installations and mobile plant under the control of the Regulations. Installations and mobile plant will be phased into the Regulations over a five year period. These Regulations will supersede the controls in the Industrial Pollution Control (Northern Ireland) Order 1997 and, consequently, that Order will in due course be repealed. A regulatory impact assessment has been prepared and copies can be obtained from Environmental Policy Division, Department of the Environment, 20-24 Donegall Street, Belfast BT1 2GP. A copy has been placed in the Assembly library. Copies of the British Standards publications referred to in these Regulations may be obtained from any of the sales outlets operated by the British Standards Institution or by post from the British Standards Institution at Standards House, 389 Chiswick High Road, London W4 4AL.

Read the full note and every offence in this 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 0.90.

Basis
the provision says “it is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.90 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