UK Offence Report

Execution and cost of works required by hazardous substances contravention notice

paragraph 146(9) of SCHEDULE 3 of The Planning (Hazardous Substances) (No. 2) Regulations (Northern Ireland) 2015

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

9 Any person who wilfully obstructs

a person acting in the exercise of powers under subsection (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 This is the text as originally made; later amendments are not shown here.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
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 (wilfully).

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: wilfully.

What would breach paragraph 146(9) of SCHEDULE 3?

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 wilfully obstructs a person acting in the exercise of powers under subsection (1).
  2. Refusing to let an inspector onto premises they are entitled to enter under the Planning (Hazardous Substances) (No. 2) Regulations (Northern Ireland) 2015.
  3. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  4. Physically blocking an examination, or removing something an officer has said they intend to inspect.

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
24 September 2015
In force from
16 October 2015
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 the land-use planning obligations (articles 13 and 15) in Directive 2012/18/EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances (O.J. 197, 24.7.2012, p.1) (“the Seveso III Directive”). They also revoke and replace the Planning (Hazardous Substances) Regulations (Northern Ireland) 2015 (S.R. 2015 No. 61). Section 108 of the Planning Act (Northern Ireland) 2011 (the “2011 Act”) provides that the presence on, over or under land, of a hazardous substance equal to or in excess of the controlled quantity (as specified by regulations) requires the consent of the council. These regulations specify the substances which are hazardous substances for the purposes of the 2011 Act and the controlled quantities of those substances. They also lay down the procedure for applications for consent and the determination of applications. In addition they make provision for hazardous substances contravention notices, specify matters to be included in such notices and apply certain provisions of the 2011 Act with modifications to appeals against such notices, penalties for non-compliance, works required by and the effect of such notices. The contents of the regulations are as follows— Regulation 3 with Schedule 2 specifies the substances which are hazardous substances and the controlled quantities of those substances. Regulation 4 specifies certain exemptions from the need for hazardous substances consent. Regulations 5-9 deal with applications for consent, advertisement of notices of such applications, certificates to accompany applications, inspection of applications and representations to be taken into account. Regulation 10 deals with persons who are to be treated as in actual possession of land. Regulations 11-13 deal with consultations in respect of application for consent, determination of such application and notification of decisions. Regulation 14 deals with applications to the Department for hazardous substances consent to execute works without compliance with conditions previously attached. Regulation 15 deals with the notice to be served on the applicant where the council considers that section 114 of the 2011 Act (call in of certain applications for hazardous substances consent to the Department) applies. Regulations 16 deals with applications by councils for hazardous substances consent. Regulations 17-19 deal with obligations to take certain matters in the Seveso III Directive into account in land-use planning policies and other relevant policies, and public consultation and participation obligations in relation to certain plans, programmes and projects where the presence of hazardous substances is relevant. Regulations 20-22 deal with enforcement of the hazardous substances provisions, i.e., hazardous substances contravention notices and apply, with modifications, certain provisions of the 2011 Act to appeals against, and to the effect of, such notices. Regulation 23 sets out how electronic communications should be dealt with. Regulations 24 -28 deal with revocations, amendments, savings and transitional provisions. Schedule 1 prescribes the form and certificates required in connection with applications. Schedule 2 lists the substances which are to be regarded as hazardous substances for the purposes of the 2011 Act and the quantities of those substances which are to be the controlled quantities. Schedule 3 Parts 1 and 2 list provisions of the 2011 Act and modifications of those provisions which are applied for the purposes of hazardous substances control. Part 3 sets out those provisions as modified. Under section 147 of the 2011 Act (as applied and modified) where a person is in breach of a hazardous substances contravention notice he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100,000, or on conviction on indictment to a fine. A regulatory impact assessment has been prepared in relation to these Regulations. A copy may be obtained from the Department of the Environment, Causeway Exchange, 1-7 Bedford Street, Town Parks, Belfast, BT2 7EG or accessed at www.doeni.gov.uk. The Explanatory Memorandum, which includes a transposition note indicating the parts of these Regulations which implement obligations in the Seveso III Directive, is available alongside the Regulations on the government’s website www.legislation.gov.uk

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