UK Offence Report

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

regulation 36(1) of The Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013

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 any 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 18(1); d to fail to comply with the requirements of an enforcement or a suspension notice served under regulation 27 or 28 or a compliance or closure notice served under regulation 15A or 16 of the 2003 Landfill Regulations; e without reasonable excuse to fail to comply with any requirement imposed under regulation 30; 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 their powers or duties under regulation 30; 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 30(3); g without reasonable excuse to fail to comply with any requirement imposed by a notice under regulation 32(2); h to make a statement which they know 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 these Regulations or the 2003 Landfill Regulations; or ii for the purpose of obtaining the grant of a permit to themselves 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 their 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 39; l intentionally to obstruct an inspector in the exercise or performance of his powers or duties; or 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

er regulation 15A or 16 of the 2003 Landfill Regulations; e without reasonable excuse to fail to comply with any requirement imposed under regulation 30; 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 the

What would breach regulation 36(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 (Industrial Emissions) Regulations (Northern Ireland) 2013.
  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
5 June 2013
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 note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations are made under Article 4(1) of the Environment (Northern Ireland) Order 2002. They transpose Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control (Recast)). They also replace existing legislation which is listed in Schedule 17. 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 16 and Schedules 4 and 5), and the treatment of permits once granted (regulations 17 to 20 and Schedule 7). The basic requirement for conditions of permits (regulations 11 to 14) is to impose emission limit values based on BAT. (“Best available techniques” is defined in regulation 3 and Schedule 2 sets out considerations which have to be taken into account when determining BAT). Schedule 6 sets out the compensation provisions applicable where a person is required under regulation 13 to allow an operator of an installation or Part A mobile plant to carry out work on that person’s land. Regulation 15 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 16 enables the Department to make general binding rules containing requirements which may apply instead of conditions included in permits. Regulations 17, 19, 20, 21, 22, 23 and 24 and Schedule 7 deal with the review, variation, transfer, surrender and revocation of permits. Regulation 18 requires the operator of a permitted installation to give the enforcing authority notice of any proposed change in the operation of that installation. Regulation 25 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 26 to 30) contains the enforcement powers under the Regulations. Part 4 (regulation 31) and Schedule 15 provide for appeals to the Planning Appeals Commission. Part 5 (regulations 32 to 35) and Schedule 16 set out information gathering powers and publicity requirements. Part 6 (regulations 36 to 39) sets out offences for contraventions of the Regulations and provides for enforcement by the High Court and the admissibility of evidence. Part 7 (regulations 40 to 42) enables the Department to give directions and guidance to enforcing authorities and to make plans relating to emissions. Schedules 8 to 13 bring existing legislation in respect of solvent emissions, large combustion plants, titanium dioxide, waste incineration, petrol vapour recovery and asbestos into these regulations. Schedule 3 sets out the transitional provisions for bringing installations and mobile plant under the control of the Regulations. An impact assessment has been prepared and copies can be obtained from Environmental Policy Division, Department of the Environment, Goodwood House, 44-58 May Street, Town Parks, Belfast BT1 4NN. A copy has been placed in the Assembly library.

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