UK Offence Report

Subject to the provisions of these Regulations, any person who in the course of a trade or business supplies…

regulation 5(1) of The Textile Products (Indications of Fibre Content) Regulations 1986

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

1 Subject to the provisions of these Regulations, any person who in the course of

a trade or business supplies or offers to supply in the United Kingdom textile products without complying in relation to that supply or offer with the relevant requirements of these Regulations 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 This is the text as originally made; later amendments are not shown here.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
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 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 5(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.

  1. Selling the goods under the Textile Products (Indications of Fibre Content) Regulations 1986 where the instrument prohibits the sale outright.
  2. Supplying without carrying out a check the instrument requires first, even where the sale would otherwise be lawful.
  3. 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
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
13 January 1986
In force from
1 March 1986
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 revoke and re-enact with amendments the Textile Products (Indications of Fibre Content) Regulations 1973, the Textile Products (Indications of Fibre Content) (Amendment) Regulations 1975 and the Textile Products (Indications of Fibre Content) (Amendment) Regulations 1984. The Regulations implement Council Directives No. 71/307/EEC and No 83/623/EEC relating to textile names. These are the main changes:— (1) Schedule 2, which sets out names to be used in relation to certain fibres mentioned in that Schedule, is an expanded version of Schedule 2 to the 1973 Regulations. In particular, Item No. 28 now refers to “polyamide or nylon” instead of simply to nylon. (Regulation 7 and Paragraph 2 of Schedule 1); (2) The following Schedules are considerably expanded versions of their counterparts in the 1973 Regulations— (a) Schedule 4, which sets out products which are not (except as provided in Regulation 8) subject to compulsory labelling or marking (Regulation 8 and Schedule 4); and (b) Schedule 5 which sets out products in the case of which an indication of fibre content may relate to a number of products of the same type and composition (Regulation 5(12) and Schedule 5. The 1973 Regulations are amended by the insertion of a new Regulation 2A providing that those Regulations shall not apply in relation to the supply or offering to supply of textile products which satisfy the requirements of these Regulations (Regulation 2). The amendment comes into operation on 1st March 1986 (Regulation 1(2) and Regulation 2). The 1973 Regulations and the amending Regulations of 1975 and 1984 are revoked on 29th May 1987, the date on which all of the Regulations, except for Regulations 1, 2, 4 and 10, come into operation (Regulations 1(2) and (3) and 3). The European Pharmacopoeia mentioned in Item No. 38 of Schedule 4 to these Regulations is printed and published by Maison Neuve, 57160 Sainte-Ruffine, France and is obtainable from the Pharmaceutical Press, 1, Lambeth High Street, London S.E.1. 7.J.N.

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