UK Offence Report

Breach of requirements of scheme

article 32 of The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983

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

32 If any person contravenes or fails to comply with any requirements of article

15 or article

19 he shall for such offence be liable on summary conviction to

a penalty not exceeding £10.

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 This is the text as originally made; later amendments are not shown here.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 comply with a notice or direction
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 article 32?

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. Being served with a notice under the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983 and doing nothing by the date it specifies.
  2. Doing part of what the notice requires, where it required all of it.
  3. Disagreeing with the notice and ignoring it, rather than using whatever appeal the instrument provides.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£10
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
9 February 1983
In force from
16 March 1983
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.

This Scheme consolidates the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1966 with the amendments made thereto. It provides for payment of benefit out of the National Insurance Fund in respect of disablement or death from certain diseases arising out of employment before 5th July 1948 in cases where neither workmen's compensation nor benefit under the Social Security Act 1975 is payable. The Scheme provides for its administration by the Secretary of State and for adjudication of questions (except certain medical questions which are for determination by the medical board appointed under the Silicosis and Asbestosis (Medical Arrangements) Scheme 1931) by the statutory authorities established under the Social Security Act 1975. The Scheme contains detailed provisions relating to claims and payments and provides for the application to the Scheme of the provisions of the Social Security Act 1975 and the regulations made under that Act which are specified in Schedule 3. The Scheme also contains transitional provisions relating to the transfer to the Secretary of State and the aforesaid statutory authorities of the functions of administration and adjudication formerly exercised by the Administrative Board.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

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