UK Offence Report

Additional offences

regulation 12 of The Ozone-Depleting Substances (Qualifications) Regulations (Northern Ireland) 2011

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

12 A person commits an offence if that person—

a intentionally obstructs an authorised person acting in the implementation of these Regulations;

b without reasonable cause, fails to give to an authorised person acting in the implementation of these Regulations any assistance or information that that person may reasonably require under these Regulations;

c furnishes to an authorised person acting in the implementation of these Regulations any information, knowing it to be false or misleading;

d fails to produce

a document or record when required to do so to an authorised person acting in the implementation of these Regulations;

e fails to comply with the requirements of an information notice;

f fails to comply with the requirements of an enforcement notice;

g intentionally prevents any other person from appearing before an authorised person to provide information, or to answer questions for which an authorised person may require an answer.

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 This is the text as originally made; later amendments are not shown here.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
No statutory defence — prosecution proves everything

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (intentionally, knowing it to be).

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

Classifier’s reasoning: mens rea word in the offence-creating words: intentionally, knowing it to be.

What would breach regulation 12?

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 Ozone-Depleting Substances (Qualifications) Regulations (Northern Ireland) 2011.
  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
Maximum prison (summary)
Not determined

expressed as the statutory maximum (the prescribed sum): the same words mean £5,000 in England and Wales and £10,000 in Scotland.

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
23 June 2011
In force from
31 July 2011
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 give effect to the provisions in Articles 22.5 and 23.4, first paragraph, of Regulation (EU) No 1005/2009 of the European Parliament and of the Council on substances that deplete the ozone layer (OJ No L 286, 31.10.2009), as amended by Commission Regulation (EU) No 744/2010 (OJ No L 218, 19.8.2010, p2) (together “the EU Regulation”). These Regulations relate to minimum qualifications for those working on the recovery, recycling, reclamation or destruction of controlled substances and the prevention and minimising of leakages of controlled substances. The terms “controlled substances”, “recovery”, “recycling” and “reclamation” are defined in Article 3 of the EU Regulation. Under regulation 5, it is an offence for a person to carry out relevant work involving controlled substances unless that person is competent to do so. The terms “competent” and “relevant work” are defined in regulations 3 and 4 respectively. Details of the qualifications which a person needs in order to carry out certain types of relevant work are contained in the table in the Schedule. Regulation 5 also contains provisions making it an offence for an employer to employ a person to carry out relevant work unless that person is competent to do so. Provisions about training are contained in regulation 6. Provision is made in regulation 7 for the appointment of persons (“authorised persons”) to enforce these Regulations. Provisions setting out the powers of authorised persons are also contained in regulation 7. Details of information notices and enforcement notices, which the enforcing authority can use to help ensure that the Regulations are complied with, are contained in Regulations 8 to 10. Regulations 12 to 14 contain provisions relating to offences and penalties. Regulation 16 revokes the Ozone Depleting Substances (Qualifications) Regulations (Northern Ireland) 2006 (S.I. 2006/321). A full impact assessment of the effects that this instrument will have on the costs of businesses is available from the Department of the Environment, Goodwood House, 44-58 May Street, Belfast BT1 4NN.

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 “commits 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