Subject to paragraph (2) below, any person who, in the case of any tank— a not being an inspector or a…

regulation 8(1) of The Calibration of Tanks of Vessels (EEC Requirements) Regulations 1975

Revoked
Strict liability
Food, consumer protection, trading standards, product safety and age-restricted sales

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

1 Subject to paragraph (2) below, any person who, in the case of any tank—
a not being an inspector or
a person acting under the authority of an inspector, marks in any manner any plug, seal or plate used or designed for use for the reception of the sealing mark; or
b forges, counterfeits or except in accordance with regulation 7, in any way alters or defaces the sealing mark; or
c removes any sealing mark and inserts it into another tank; or
d makes any alteration in the tank after the sealing mark has been affixed to it in accordance with these regulations so that it no longer complies with the particulars included in the certificate and any documents annexed thereto; shall be guilty of an offence.

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 This is the text as originally made; later amendments are not shown here.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 regulation 8(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.

Doing what the provision prohibits, or failing to do what it requires under the Calibration of Tanks of Vessels (EEC Requirements) Regulations 1975.

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.

Sentencing organisations: fines and the means of a corporate defendant All courts in England and Wales
How a fine on a company is arrived at from its turnover. Relevant far beyond the guidelines that state it, because a very large share of the offences in this corpus can only be committed by an organisation.
Health and safety offences, corporate manslaughter and food safety and hygiene offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales · in force from 1 February 2016
Covers breaches of duty under the Health and Safety at Work etc. Act 1974 and the regulations made under it, and food safety and food hygiene offences. Sentencing turns on culpability and on the seriousness and likelihood of harm risked, not only on the harm that happened.
Reduction in sentence for a guilty plea: definitive guideline All courts in England and Wales · in force from 1 June 2017
The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.
General guideline: overarching principles All courts in England and Wales · in force from 1 October 2019
The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.
Totality: definitive guideline All courts in England and Wales
How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.

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 Calibration of Tanks of Vessels (EEC Requirements) (Revocation) Regulations 2011
Revoked on: 1 July 2011
Made: 12 December 1975
In force from: 19 January 1976
Extent: Not stated

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

What the instrument is for

These Regulations implement Council Directive No. 71/349/EEC relating to the calibration of the tanks of inland waterway vessels and coastal vessels. They provide for the application for calibration to be made to the Secretary of State and for the calibration to be carried out in accordance with the Directive and for the issue of a calibration certificate (regulations 3 and 4). They also provide for the fixing of a calibration plate to the tank and for the application to that plate of a sealing mark in the form of the mark of EEC partial verification described in the Measuring Instruments (EEC Requirements) Regulations 1975 (regulation 4). These Regulations also provide for offences and penalties in connection with the misuse of the sealing mark (regulations 8 and 13), and include powers of inspection of tanks and entry of vessels and premises for the enforcement of the regulations (regulation 9).

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 0.92.

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

This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
The Calibration of Tanks of Vessels (EEC Requirements) Regulations 1975 Every offence this instrument creates, and its explanatory note
Food, consumer protection, trading standards, product safety and age-restricted salesOther offences on the same subject
Offences created in 1975