UK Offence Report

Power to require attendance and production of documents

regulation 17(5) of The Bus Lane Contraventions (Charges, Adjudication and Enforcement) (Scotland) Regulations 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

5 If any person who is required under paragraph (1) to attend

a hearing held by an adjudicator, or to produce any document to an adjudicator, fails without reasonable excuse to do so, that person commits an offence and is liable on summary conviction to

a fine not exceeding level

2 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 This is the text as originally made; later amendments are not shown here.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
breaching the provision
Fault element
Strict liability
Burden of proof
An element of the offence, for the prosecution to prove

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.

“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: no word of intention, knowledge, recklessness or negligence in the offence or its provision; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

icator, or to produce any document to an adjudicator, fails without reasonable excuse to do so, that person commits an offence and is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

What would breach regulation 17(5)?

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. Doing what the provision prohibits, or failing to do what it requires under the Bus Lane Contraventions (Charges, Adjudication and Enforcement) (Scotland) Regulations 2011.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£500
Standard scale
Level 2
Maximum prison (summary)
Not determined

in Scotland a reference to a level is construed as referring to the standard scale as it currently stands (CP(S)A 1995 s.225(2)), 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
15 December 2011
In force from
6 February 2012
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 make provision for the enforcement of bus lane contraventions, by local authorities which are approved local authorities for the purposes of section 44 of the Transport (Scotland) Act 2001. The names of the authorities concerned are set out in the Schedule to the Bus Lane Contraventions (Approved Local Authorities) (Scotland) Order 2011 (S.S.I.2011/443). In Part 1, regulation 2 defines expressions used in the Regulations. In Part 2, regulation 3 authorises the imposition of a charge in respect of a bus lane contravention only on the basis of a record produced by an approved device. The devices that are approved for these purposes are described in the Bus Lanes (Approved Devices) (Scotland) Order 2011 (S.S.I.2011/444). Regulation 4 provides for the level of a charge to be set by each approved authority. A charge may only be imposed if the level has been approved by the Scottish Ministers and a notice, stating the circumstances in which a charge may be imposed and the level of the charge has been published in accordance with paragraph (1). The charge is liable to be increased or reduced by half in the circumstances set out in paragraphs (3) and (4). Subject to specified exceptions, regulation 5 requires the registered keeper of the vehicle involved in the contravention to pay the charge. The exceptions are set out in regulation 6. Regulation 7 provides that an approved local authority cannot recover a charge (or a charge must be refunded) where criminal proceedings are taken, or where a fixed penalty notice has been given, in respect of the conduct that constituted the contravention. In Part III, regulation 8 provides for service of a charge notice on the person appearing to the approved authority to be the person by whom it is payable. The notice is to be served within 28days after the contravention occurred, but that period can be extended where the local authority is awaiting from the Secretary of State further details as to the identity of the keeper of the vehicle concerned. Paragraph (5) specifies the matters of which particulars must be given in the charge notice, including a statement that the charge will be reduced by a half if paid within 14 days of the date of service of the notice, and may be increased by a half if not paid within 28 days of that date. Regulation 9 enables a person on whom a charge notice has been served to make representations to the authority concerned. Regulation 10 requires the authority to consider the representations and any supporting evidence, and to respond to the representations. Where representations are rejected (by a “notice of rejection”), the authority are required to notify the person concerned of his right to appeal the matter to an adjudicator. Parts IV and V relate to appeals. Regulation 11 provides that parking adjudicators will be bus lane adjudicators and that the approved local authorities will make provision for their accommodation, facilities and staff (one of whom must be the “proper officer” on whom specific functions are conferred by the Regulations). Regulations 12 sets out the procedure for making an appeal, and specifies that appeals must, subject to a right to ask the adjudicator to extend the period, be made within 28 days from the date of service of the notice of rejection. Regulation 13 provides for the procedure on service of notice of appeal and regulation 14 for the making of further representations. Regulations 15 to 19 make provision for the appeal procedure. Regulation 15 enables the adjudicator to dispense with an oral hearing save in specified circumstances. Regulation 16 requires the proper officer to fix the time and place of a hearing and notify the parties and regulation 17 empowers the adjudicator to require persons to give evidence or produce documents. Regulation 18 deals with the procedure at hearings and regulation 19 provides for the production of documentary evidence of the alleged contravention. Regulation 20 makes provision about adjudicators’ decisions; in particular it requires them to be recorded in the register kept pursuant to regulation 29. Regulation 21 enables a party to an appeal to ask for the adjudicator’s decision to be reviewed. Regulation 22 to 26 deal with miscellaneous matters, including provision that expenses will not normally be awarded save in specified circumstances and provision about the correction of clerical errors. Regulations 27 and 28 make provision about the service and delivery of documents. Part VI deals with the enforcement of payment of charges. Regulation 30 provides for a charge to be increased by a half if it is not paid within “the relevant period” as defined in paragraph (2). In Part VII, regulation 32 requires each approved local authority to keep an account of the sums paid by way of charges. No Business Regulatory Impact Assessment has been undertaken since the Regulations are concerned with the enforcement of existing traffic restrictions and prohibitions and do not therefore constitute an additional burden on business. The costs incurred by local authorities undertaking enforcement are expected to be defrayed by charge income.

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 0.92.

Basis
the provision says a person “commits an offence”; the provision states liability on summary conviction
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