UK Offence Report

If any such work or the reconstruction or alteration of any such existing work is commenced or completed…

paragraph 57(a) of SCHEDULE I of The Local Law (Greater London Council and Inner London Boroughs) Order 1965

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

8 If any such work or the reconstruction or alteration of any such existing work is commenced or completed without such approval of the Council or of an arbitrator as aforesaid or in any respect otherwise than in conformity with the plans sections and particulars as so approved and with any condition attached to such approval the person who commenced or completed the same or caused or permitted the same to be commenced or completed shall be liable to

a penalty not exceeding ten pounds and to

a daily penalty not exceeding forty shillings.

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 This is the text as originally made; later amendments are not shown here.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 a condition of a licence, permit or consent
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 paragraph 57(a) of SCHEDULE I?

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 commenced or completed the same or caused or permitted the same to be commenced or completed.
  2. Holding a valid licence but doing the thing it allows outside the hours, place or limits its conditions set under the Local Law (Greater London Council and Inner London Boroughs) Order 1965.
  3. Failing to do something a condition positively requires - a record, a notification, a monitoring step - even though the licensed activity itself is carried on properly.

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
Revoked
Revoked by
The Local Government Reorganisation (Miscellaneous Provision) (No. 4) Order 1986
Revoked on
1 April 1986
Made
19 March 1965
In force from
1 April 1965
Extent
Not stated

How this was established: the instrument was revoked by a later instrument found in this corpus.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

This Order applies local enactments, with necessary consequential modifications— to the Greater London Council in respect of Greater London as a whole to the inner London boroughs and repeals and revokes those enactments which are spent, obsolete, unnecessary or substantially superseded. The Order makes certain provision in relation to the City of London, but a parallel order deals with the City's legislation.

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.

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 0.68.

Basis
the provision states a penalty in older drafting
Confidence
0.68 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