UK Offence Report

SCHEDULE 2

SCHEDULE 2 of The Explosives Acts 1875 and 1923 etc. (Repeals and Modifications) Regulations 1974

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

9 In section 17, for the words from “In the event of any breach” to “such breach continues” there shall be substituted the words “In the event of any breach (by any act or default) of the general rules in any store, the occupier shall be guilty of an offence.”

10 In section 19 , for the words from “There may be annexed” to the end of the section there shall be substituted the words “A person who contravenes any special rule made under this section shall be guilty of an offence.”

11 In section 22 , for the words from “In the event of any breach” to the end of the section there shall be substituted the words “In the event of any breach (by any act or default) of such general rules in any registered premises, the occupier shall be guilty of an offence.”

12 Section 26, except for paragraph 2, shall apply in the case of licences granted by the Health and Safety Executive as it applies in the case of licences granted by the Secretary of State.

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 This is the text as originally made; later amendments are not shown here.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
an occupier
Conduct
selling or supplying something the instrument restricts
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 an occupier 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 2?

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 an occupier contravenes any special rule made under this section.
  2. Selling the goods under the Explosives Acts 1875 and 1923 etc. (Repeals and Modifications) Regulations 1974 where the instrument prohibits the sale outright.
  3. Supplying without carrying out a check the instrument requires first, even where the sale would otherwise be lawful.
  4. Offering for sale counts as well as selling: displaying stock is enough where the provision reaches an offer.

Penalty

Mode of trial
Not determined
Maximum fine
£100
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
12 November 1974
In force from
1 January 1975
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 contain repeals and modifications of provisions of the following enactments and certain instruments thereunder:— (a) the Explosives Acts 1875 and 1923; (b) the Revenue Act 1909; (c) the Fireworks Act 1951; and (d) the Emergency Laws (Miscellaneous Provisions) Act 1953. They are made in consequence of the establishment on 1st January 1975 of the Health and Safety Executive and the coming into operation on that date of provisions of the Health and Safety at Work etc. Act 1974 which supersede or affect the said provisions. The Regulations therefore:— (a) transfer certain functions under the said Acts connected with licensing and the execution of the Acts from the Secretary of State to the Health and Safety Executive; (b) transfer the functions of government inspectors under the Explosives Acts from such inspectors to inspectors of the Health and Safety Executive; (c) apply with certain exceptions to offences under the said Acts committed on or after 1st January 1975 the penalties prescribed in the 1974 Act; (d) repeal provisions relating to inquiries, powers of inspectors, the forfeiture of explosives and legal proceedings, which are superseded by provisions contained in the 1974 Act.

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 0.96.

Basis
the provision says a person is “guilty of an offence”
Confidence
0.96 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