UK Offence Report

16 1 Any person who breaches a provision of— a Regulation 1073/2009 set out in Schedule 1; or b Interbus set…

regulation 16(1) of The Public Service Vehicles (International Passenger Services) Regulations (Northern Ireland) 2019

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

16 1 Any person who breaches a provision of— a Regulation 1073/2009 set out in Schedule 1; or b Interbus set out in Schedule 2, is guilty of an offence.

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 This is the text as originally made; later amendments are not shown here.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
Mixed — some elements strict, some not
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove the conduct, and - for those elements the provision qualifies (intentionally, knowing it to be) - the state of mind it names. The remaining elements carry no fault requirement, so they are strict.

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

Classifier’s reasoning: no fault word in the offence-creating words, but the surrounding provision uses intentionally, knowing it to be - which element it governs was not determined.

What would breach regulation 16(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. On these words an offence is committed where a person breaches a provision of— a Regulation 1073/2009 set out in Schedule 1; or b Interbus set out in Schedule 2.
  2. Refusing to let an inspector onto premises they are entitled to enter under the Public Service Vehicles (International Passenger Services) Regulations (Northern Ireland) 2019.
  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
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

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
4 March 2019
In force from
28 March 2019
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 revoke and replace the Road Service Licensing (Community Licences) Regulations (Northern Ireland) 2013. They implement Regulation (EC) No 1073/2009 (“the EU Regulation”) of the European Parliament and of the Council on common rules for access to the international market for coach and bus services (OJ No L300, 14.11.2009, p. 88; “the EU Regulation”) and the Agreement on the international occasional carriage of passengers by coach and bus (OJ No L321, 26.11.2002, p. 13; “the Interbus Agreement”). The EU Regulation and the Interbus Agreement establish rules allowing access to the market for the provision of international bus and coach services. In particular the EU Regulation provides for a Community licence and makes provision in relation to regular services, special regular services, occasional services and cabotage, requiring an authorisation for the operation of regular services and the carrying of control documents. Relevant terms are defined in Article 2 of the EU Regulation. The Interbus Agreement makes provision in relation to occasional services from States which are contracting parties to the Agreement, requiring an authorisation in relation to non-liberalised occasional services and the carrying of control documents in relation to liberalised occasional services. Relevant terms are defined in Article 3 of the Agreement. Regulation 3 designates the Department for Infrastructure (“the Department”) as the competent authority for the purposes of the EU Regulation and the Interbus Agreement. Regulation 4 disapplies certain domestic road transport requirements for public service vehicles not registered in the United Kingdom but providing services under the EU Regulation or the Interbus Agreement. Regulation 5 makes provision for the payment of fees to the Department for the issue of control documents or an authorisation. Regulation 6 makes provision in relation to the retention of control documents. Regulation 7 confers entitlement to a Community licence on the basis of possessing the relevant Northern Ireland bus operator’s licence. Regulations 8 to 10 make provision in relation to information to be supplied with applications for a Community licence, the withdrawal of Community licences and appeals against withdrawal. Regulation 11 gives power to authorised officers (as defined in that regulation) to stop vehicles to check whether an offence under the Regulations has been committed. Offences are set out in regulation 16 and Schedules 1 and 2 and regulation 18 provides that they are punishable on summary conviction by a fine not exceeding level 3 under these Regulations or level 4 under Article 4(1) of Regulation 1073/2009 on the standard scale. Provision is made for the automatic transfer of a Community licence and an authorisation following the death, bankruptcy or incapacity of the holder (regulation 12) and for offences which may be committed by a body corporate (regulation 17). In addition provision is made for the amendment of other relevant legislation (regulations 13, 14 and 15). An Explanatory Memorandum has been produced and is available from the Transport Strategy Division, Department for Infrastructure, Clarence Court, 10-18 Adelaide Street, Town Parks, Belfast BT2 8GB or online alongside these Regulations at http://www.legislation.gov.uk/nisr.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

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