UK Offence Report

Contravention of The Coal and Other Mines (Metrication) Regulations 1978

the instrument as a whole of The Coal and Other Mines (Metrication) Regulations 1978

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

Contravening this instrument is an offence under section 33(1)(c) of the Health and Safety at Work etc. Act 1974. The instrument itself contains no offence-creating words.

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 This is the text as originally made; later amendments are not shown here.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
Not determined

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.

Classifier’s reasoning: contravention offences of this kind are strict as to the breach; the fault position is governed by the parent Act and was not read from it.

What would breach the instrument as a whole?

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. Doing what the provision prohibits, or failing to do what it requires under the Coal and Other Mines (Metrication) Regulations 1978.

Penalty

Mode of trial
Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine
Not determined
Maximum prison (summary)
Not determined

The instrument does not state a penalty itself. It sets one by reference to section 33(1)(c) of the Health and Safety at Work etc. Act 1974.

the penalty is in the parent Act, not in this instrument.

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
15 November 1978
In force from
12 December 1978
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 amend— (i) the Coal and Other Mines (Managers and Officials) Regulations 1956, (ii) the Coal and Other Mines (Surveyors and Plans) Regulations 1956, (iii) the Coal and Other Mines (General Duties and Conduct) Regulations 1956, (iv) the Coal and Other Mines (Safety Lamps and Lighting) Regulations 1956, (v) the Coal and Other Mines (Electricity) Regulations 1956, (vi) the Coal and Other Mines (Fire and Rescue) Regulations 1956, (vii) the Coal and Other Mines (Locomotives) Regulations 1956, (viii) the Coal and Other Mines (Sidings) Regulations 1956, (ix) the Coal and Other Mines (Working Plans) Rules 1956, (x) the Coal Mines (Cardox and Hydrox) Regulations 1956, (xi) the Stratified Ironstone Shale and Fireclay Mines (Explosives) Regulations 1956, (xii) the Coal and Other Mines (Shafts, Outlets and Roads) Regulations 1960, (xiii) the Coal Mines (Explosives) Regulations 1961, (xiv) the Coal and Other Mines (First Aid) Regulations 1962, (xv) the Coal and Other Mines (Mechanics and Electricians) Regulations 1965, and (xvi) the Coal and Other Mines (Training) Regulations 1967, by substituting for the measurements expressed in imperial units, measurements expressed in metric units so as to preserve the effect of the various provisions except to the extent necessary to obtain amounts expressed in convenient and suitable terms. In addition Regulation 3 of the Regulations amends the Coal and Other Mines (Working Plans) Rules 1956 to allow the use of Ordnance Datum as well as an assumed level below Ordnance Datum as had hitherto been the case.

Read the full note and every offence in this 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 0.57.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.57 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