UK Offence Report

SCHEDULE 1

SCHEDULE 1 of The Pollution Prevention and Control (Scotland) Amendment Regulations 2005

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

24 Any failure by the operator of an existing waste incineration installation to submit an application as mentioned in paragraph

20 by 31st March 2005 shall not constitute an offence under regulation 30(1)(b) or (d) of these Regulations.

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 This is the text as originally made; later amendments are not shown here.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
breaching the provision
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 SCHEDULE 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 it is an offence to constitute an offence under regulation 30(1)(b) or (d) of these Regulations.
  2. Doing what the provision prohibits, or failing to do what it requires under the Pollution Prevention and Control (Scotland) Amendment Regulations 2005.

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
1 March 2005
In force from
1 April 2005
Extent
S

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 Pollution Prevention and Control (Scotland) Regulations 2000 (the “PPC Regulations”). Regulation 3 amends the definition of “prescribed date” in regulation 6(2) (requirement for permit to operate installation and mobile plant) of the PPC Regulations so as to take account of the new Part 5 of Schedule 3 to those Regulations which is inserted by regulation 8 below. Regulation 4 amends section 4.2(d) (inorganic chemicals) of Part 1 of Schedule 1 to the PPC Regulations so as to omit references to chromium, manganese, nickel and zinc in that provision and to qualify the application of that section to certain releases into the air. Regulation 5 amends section 5.1 (incineration and co-incineration of waste) of Part 1 of Schedule 1 to the PPC Regulations to provide for the incineration of animal waste with certain treatment capacities to be classified as Part A and B activities respectively. Regulation 6 amends section 6.8 (treatment of animal and vegetable matter and food industries) of Part 1 of Schedule 1 to the PPC Regulations to specifically certain animal feed compounding activities as described in paragraph (d) which is inserted in that section. Regulation 7 amends paragraph 2 of Part 1 of Schedule 3 to the PPC Regulations to provide for the relevant period for submission of an application or a permit for the activity in paragraph (h) of section 5.1 (incineration and co-incineration of waste) of Part 1 of Schedule 1 to the PPC Regulations which is inserted by regulation 5(a). Regulation 8 inserts a new Part 5 (existing waste incineration installations) in Schedule 3 to the PPC Regulations to make provision for existing waste incineration installations. In particular– i Paragraph 20 of the new Part 5 provides that operators of existing waste incineration installations shall, subject to certain conditions, be presumed to have made notification to SEPA of the intention to cease incinerating waste in that installation before 28th December 2005 (the date by which such installations need to comply with Directive 2000/76/EC on the incineration of waste (O.J. No. L 332, 28.12.00, p.91); ii Paragraph 21 provides that in respect of certain activities in section 5.1 of Part A of Part 1 of Schedule 1 to the PPC Regulations, the prescribed date for the installation shall be 27th December 2005; iii Paragraph 22 provides that a notification under paragraph 20 shall have effect as if in certain cases a request for a revocation, surrender of an authorisation, licence or permit had been made or an application for a variation of an authorisation, licence or permit has been made to remove conditions to the extent that they authorise, licence or permit the use of any part of the installation as an existing waste incineration installation on or after 28th December 2005; iv Paragraph 23 provides powers for SEPA to issue a variation or revocation notice in consequence of a request or application as mentioned in paragraph 22; v Paragraph 24 provides that the offences in regulation 30(1)(b) and (d) of the PPC Regulations shall not apply in respect of any failure by the operator of an existing waste incineration installation to submit an application as mentioned in paragraph 20. A full regulatory impact assessment has not been produced for this instrument, which has no significant impact on the costs of business.

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 0.88.

Basis
the provision says the conduct “is an offence”; the provision says the conduct “constitutes an offence”
Confidence
0.88 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