UK Offence Report

Contravention of The Local Roads Authorities' Traffic Orders (Procedure) (Scotland) Regulations 1987

the instrument as a whole of The Local Roads Authorities' Traffic Orders (Procedure) (Scotland) Regulations 1987

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

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 This is the text as originally made; later amendments are not shown here.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 Local Roads Authorities' Traffic Orders (Procedure) (Scotland) Regulations 1987.

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
Revoked
Revoked by
The Local Authorities' Traffic Orders (Procedure) (Scotland) Regulations 1999
Revoked on
1 April 1999
Made
20 December 1987
In force from
3 February 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 Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations lay down the procedure to be followed by local roads authorities in Scotland in connection with the making by them of the main types of traffic and parking place orders under the Road Traffic Regulation Act 1984 and under section 36B of the Road Traffic Act 1972. Regulation 3 specifies the orders to which the Regulations apply. These include traffic regulation orders, experimental traffic orders, orders relating to the use of roads by public service vehicles, street playground orders, orders relating to parking places both on and off the road (including bus station and parking meter orders), orders relating to speed limits and orders for exempting roads from the prohibition of the parking of vehicles on verges, central reservations and footways. Regulations 4 to 13 lay down the procedure to be followed before the order is made. They provide for preliminary consultations (regulation 4), publication of proposals (regulation 5), objections to the order (regulations 6 and 11), public hearings (regulations 7 to 9), the modification of proposals (regulation 12) and for certain cases where the Secretary of State’s consent is required or where the Secretary of State has to be notified of the local roads authority’s proposals (regulations 10 and 13). Regulations 14 and 15 contain certain requirements about the order itself, in particular about the use of a map to illustrate the order and about the operative date of the order. Provisions as to the giving notice of the making of the order are contained in regulation 16. Certain of the above requirements are modified in relation to consolidation orders, some experimental traffic orders and certain variation orders by regulations 17 to 19. Schedules 1 to 3 contain particulars of the details to be included in the press notice of an order, of the requirements as to the display of an order in the road itself, and of the requirements about making documents relating to an order available for public inspection. Schedule 4 lists the documents which must accompany an application for the Secretary of State’s consent. Schedule 5 relates specified unladen weights to corresponding maximum gross weights of vehicles.

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 0.63.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.63 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