UK Offence Report

2 Any manufacturer who— a without reasonable cause fails to keep production control records or to preserve…

regulation 10(2) of The Measuring Container Bottles (EEC Requirements) Regulations 1977

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

2 Any manufacturer who—

a without reasonable cause fails to keep production control records or to preserve such records in accordance with Regulation 7(1); or

b without reasonable cause fails to produce production control records required by an inspector under Regulation 7(2);

c makes any production control record which he knows to be false, or with intent to deceive alters or causes to be altered such records; 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 This is the text as originally made; later amendments are not shown here.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 manufacturer
Conduct
failing to keep or produce records
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 (with intent to).

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: with intent to.

What would breach regulation 10(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. Keeping no record at all of something the instrument requires to be recorded under the Measuring Container Bottles (EEC Requirements) Regulations 1977.
  2. Keeping records, but discarding them before the end of the retention period the instrument sets.
  3. Being unable to produce a record on request because it is held somewhere it cannot be got at in the time allowed.

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
Status not determined
Made
26 May 1977
In force from
29 June 1977
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 implement Council Directive No. 75/107/EEC relating to bottles used as measuring containers. The Regulations define the EEC sign for such bottles, and provide that any bottle marked with the EEC sign shall comply with the relevant requirements of the Directive. These requirements relate to nominal capacity, for which maximum and minimum permissible limits of error are laid down, and the marking of the bottle with the nominal capacity, the manufacturer's identifying mark and the EEC sign. The Regulations require manufacturers to obtain approval for their identifying marks, and to keep production control records. They enable inspectors to check batches of bottles at the manufacturers or importers premises in accordance with procedures laid down in Annex II to the Directive, and also to forbid the sale of batches of bottles which do not comply. The Regulations include provisions for offences and penalties in connection with the sale by manufacturers and importers of bottles which are marked with the EEC sign but which do not comply with the Regulations. The Regulations also provide for offences and penalties for systematically exploiting the permissible limits of error and for failing to comply with the direction of an inspector relating to bottles not complying with the Regulations.

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