UK Offence Report

Penalties

article 14(4) of The Air Navigation (Noise Certification) Order 1987

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

4 If any person contravenes article 5, 10, 11 or 13 of this Order he shall be liable on summary conviction to a fine not exceeding £1000.

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 This is the text as originally made; later amendments are not shown here.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
contravening a requirement of the instrument
Fault element
Mixed — some elements strict, some not
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove the conduct, and - for those elements the provision qualifies (intentionally, with intent to) - the state of mind it names. The remaining elements carry no fault requirement, so they are strict.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: the offence itself carries no fault word, but a duty it criminalises by cross-reference uses intentionally, with intent to; which element that governs was not determined.

What would breach article 14(4)?

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 the thing the provision prohibits under the Air Navigation (Noise Certification) Order 1987, whatever the reason for doing it.
  2. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£1,000
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
Revoked
Revoked by
The Air Navigation (Noise Certification) Order 1990
Revoked on
1 August 1990
Made
18 December 1987
In force from
1 January 1988
Extent
Not stated

How this was established: the instrument was revoked by a later instrument found in this corpus.

What the instrument is for

(This note is not part of the Order) — the explanatory note published with the instrument, © Crown copyright.

This Order revokes and replaces the Air Navigation (Noise Certification) Order 1986. In addition to some minor and drafting amendments the following changes are made— The standards specified in Part V of Schedule 1 which applied to propeller driven aeroplanes with a maximum total weight authorised of 5,700 kg or less are applied to propeller driven aeroplanes with a maximum total weight authorised of 9,000 kg or less which conform to a prototype aeroplane or a derived version in respect of which an application for a certificate of airworthiness was made before 1st January 1988 (article 6(8)(a)). New standards specified in Part VI of Schedule 1 are introduced for propeller driven aeroplanes having a maximum total weight authorised of 9,000 kg or less which conform to a prototype or derived version of an aeroplane in respect of which an application for a certificate of airworthiness was made on or after 1st January 1988. Where an application for a certificate of airworthiness in respect of such an aeroplane is made before 1st January 1993 and the aeroplane is unable to meet the standards specified in Part VI of Schedule 1, the standards specified in Part V of Schedule 1 shall apply (article 6(8)(b)). The standards specified in Parts I, II and IV of Schedule 1 which applied to propeller driven aeroplanes with a maximum total weight authorised of more than 5,700 kg are applied to propeller driven aeroplanes with a maximum total weight authorised of more than 9,000 kg (articles 6(5), (6) and (7)). The standards specified in Part VIII of Schedule 1 which applied to microlight aeroplanes registered in the United Kingdom on or after 1st April 1986 are extended to every other microlight aeroplane (article 6(12)(b)) unless it was registered in the United Kingdom before 1st April 1986 when the standards of Part VII of Schedule 1 apply (article 6(12)(a)). The publication British Civil Airworthiness Requirements Section N — Noise Issue 4 referred to in article 3 can be purchased from the Civil Aviation Authority, Greville House, 37 Gratton Road, Cheltenham, Glos GL50 2BN.

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.

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 0.72.

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