UK Offence Report

Amendment of Part X (Offences)

regulation 10(a) of The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2004 (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

a after paragraph (2) there shall be inserted – 2A An operator of

a scheme who contravenes

a requirement of regulation 3(5B) is guilty of an offence. 2B A person who contravenes

a requirement of regulation 21A or who is in breach of either of the conditions specified in paragraph 1(a) or (b) of Schedule 2A is guilty of an offence. ; and

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 This is the text as originally made; later amendments are not shown here.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
contravening a requirement of the instrument
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 regulation 10(a)?

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 contravenes a requirement of regulation 3(5B).
  2. Doing the thing the provision prohibits under the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2004, whatever the reason for doing it.
  3. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated here: this instrument amends another one, and the penalty for the offence is in the instrument being amended.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

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
11 March 2004
In force from
5 April 2004
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 amend the Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 1999 (“the principal Regulations”). Regulation 3 makes amendments to regulation 2 of the principal Regulations by way of inserting a number of new definitions and amending others. Regulation 4 introduces a new obligation of operators of schemes to take reasonable steps to discharge the recovery and recycling obligations which the members of the schemes would have had but for their membership of the schemes. Regulation 5 makes a number of amendments to Part III of the principal Regulations concerning registration, including in particular – a a requirement for forms of application for registration to be signed by an approved person; b provision for the Department to include additional information requirements within the application form; c requirements for producers above certain turnover and tonnage thresholds and for operators of schemes to comply with the operational plans they are required to have submitted; d alignment of the conditions of registration applying to producers and operators of schemes; e a change in the date by which revised operational plans are to be submitted to 31st January in each year; f the introduction of new charges are as follows – i for each subsidiary within a group of companies: £100 for each of the first 4 subsidiaries; £50 for the 5th and subsequent subsidiaries. for late registration of scheme applications £110 and for those producers or scheme applications requiring data correction and resubmission, £220 per registration for each occurrence; a requirement on operators of schemes to submit monitoring plans relating to the steps they propose to take to ensure the accuracy of the information they receive from scheme members; new procedural requirements for obtaining the approval of the Department to a scheme; requirements relating to the submission of information by scheme members to operators of schemes. Regulation 6 introduces rights of appeal for producers and for reprocessors and exporters. Regulation 7 inserts a new Part IVA into the principal Regulations in order to require the accreditation of reprocessors and exporters to issue packaging waste recovery notes and packaging waste export recovery notes. Regulation 8 amends Part V of the principal Regulations in order to require additional records and returns to be submitted to the Department by producers and operators of schemes. Regulation 9 amends Part VI of the principal Regulations in order to ensure that the monitoring obligations which apply to the Department include monitoring the new obligations placed on operators of schemes and accredited reprocessors and exporters; and to increase the scope of the Department’s power to serve notices on persons requiring the submission of information to the Department. Regulation 10 amends Part X of the principal Regulations in order to introduce new offences for which operators of schemes, scheme members, reprocessors and exporters may be liable. Regulation 11 makes minor consequential amendments to Schedule 1 of the principal Regulations. Regulation 12 amends Schedule 2 of the principal Regulations in order to apply new recovery and recycling targets reflecting the anticipated revisions to the Directive targets. Regulation 13 inserts a new Schedule 2A into the principal Regulations setting out the conditions of accreditation referred to in the new regulation 21C inserted by regulation 6 of these Regulations. Regulation 14 amends the list of recovery operations set out in Schedule 3 of the principal Regulations in order to reflect amendments made by the Commission Decision 96/350/EEC (O.J. No. L135, 6.6.1996, p. 32). Regulation 15 amends Schedule 4 of the principal Regulations in order to amplify the information required to be contained in the operational plans which producers and operators of schemes are required to submit to the Department. Regulation 16 amends Schedule 5 of the principal Regulations in order to make provision for producer, reprocessor and exporter appeals and to reduce the period in which appeals may be made from six months to two months. Regulation 17 amends Schedule 6 of the principal Regulations in order to amplify the information which must be contained in the certificate of compliance required by regulation 23 of the principal Regulations. Regulation 18 amends Schedule 7 of the principal Regulations in order to require information in relation to accredited reprocessors and exporters to be placed on the public register. Regulation 19 amends Schedule 10 of the principal Regulations in order to simplify the arrangements for mid-year changes affecting groups of companies who have obligations under the Regulations. Regulation 20 removes Schedule 11 which sets out the recovery and recycling obligations of the United Kingdom under the Directive.

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 0.96.

Basis
the provision says a person is “guilty of an offence”
Confidence
0.96 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