UK Offence Report

Contravention of The Control of Off-Street Parking in Greater London (Appeals Procedure) Regulations 1986

the instrument as a whole of The Control of Off-Street Parking in Greater London (Appeals Procedure) 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

Contravening this instrument is an offence under sections

5 and 17(4) of the Road Traffic Regulation Act 1984. 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 This is the text as originally made; later amendments are not shown here.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 Control of Off-Street Parking in Greater London (Appeals Procedure) Regulations 1986.

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 sections 5 and 17(4) of the Road Traffic Regulation Act 1984.

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
17 February 1986
In force from
1 April 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 prescribe the procedure for appeals to the Secretary of State against decisions of local authorities in Greater London in connection with licences for the operation of public off-street parking places in those areas where such operation is controlled under the provisions of section 43 of, and Schedule 4 to, the Road Traffic Regulation Act 1984. The requirements with respect to the notice of appeal and supporting documents are set out in regulation 4 and Schedules 1 and 2. Regulations 5 and 6 provide for written representations, and for requests for a hearing of the appeal by a person appointed by the Secretary of State, and regulation 7 deals with the case where an appeal is decided on written representations. Regulation 8 lays down the procedure to be followed in cases where, by virtue of paragraph 15 of Schedule 4 to the 1984 Act, the Secretary of State is entitled to refuse to entertain the appeal. The provisions with respect to hearings of appeals are contained in regulation 9 (notification), regulation 10 (statements to be served), regulation 11 (appearances), regulation 12 (procedure at the hearing), regulation 13 (site inspections) and regulation 14 (procedure after the hearing). Regulation 15 provides for the notification of the decision consequent on a hearing of an appeal and for the giving of reasons for the decision. Regulation 17 adapts the provisions of the Regulations for the cases where, in exercise of his power under paragraph 16(2) of Schedule 4 to the 1984 Act, the Secretary of State decides to hold an inquiry in connection with an appeal, instead of a hearing by a person appointed by him. The regulation also makes provision for requiring public notice of the inquiry to be given.

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 0.67.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.67 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