UK Offence Report

If any person wilfully refuses to give any information necessary for the maintenance of the records required…

regulation 12(4) of The Offshore Installations (Logbooks and Registration of Death) Regulations 1972

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

4 If any person wilfully refuses to give any information necessary for the maintenance of the records required to be maintained by Regulation 7, he shall be liable on summary conviction to

a fine not exceeding £50.

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 This is the text as originally made; later amendments are not shown here.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
failing to do something the instrument requires
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 regulation 12(4)?

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. Not doing what the provision requires under the Offshore Installations (Logbooks and Registration of Death) Regulations 1972, by the time it requires it to be done.
  2. Doing it, but not in the manner or to the standard the instrument specifies.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£50
Maximum prison (summary)
Not determined

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
16 October 1972
In force from
30 November 1972
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 relate to offshore installations to which the Mineral Workings (Offshore Installations) Act 1971 applies. The Regulations require an official logbook to be maintained in respect of each installation and entries to be made therein of occurrences relating to the safety of the installation and the safety, health and welfare of persons on or working from the installation or the safety of persons in its neighbourhood. Completed logbooks are to be returned to the Department of Trade and Industry. The Regulations also provide for the maintenance on board each installation and ashore of records of persons on or working from the installation and for the making of returns to the Registrar General of Shipping and Seamen of the death or loss of any person on or from the installation. An obligation is also imposed on the installation owner to inform the next-of-kin or the employer of the deceased or lost person.

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 0.72.

Basis
the provision states liability on summary conviction; the provision states a penalty in older drafting
Confidence
0.72 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