UK Offence Report

39 Any supplier who fails to comply with any provision of these Regulations, any person who fails to comply…

regulation 39 of The Electricity Supply Regulations 1988

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

39 Any supplier who fails to comply with any provision of these Regulations, any person who fails to comply with regulation

26 and any consumer who fails to comply with regulation

38 shall be guilty of an offence under section

16 of the Energy Act 1983.

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 This is the text as originally made; later amendments are not shown here.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 supplier
Conduct
failing to do something the instrument requires
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 (knowingly) - 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 knowingly; which element that governs was not determined.

What would breach regulation 39?

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. On these words an offence is committed where a supplier fails to comply with any provision of these Regulations, any person who fails to comply with regulation 26 and any consumer who fails to comply with regulation 38.
  2. Not doing what the provision requires under the Electricity Supply Regulations 1988, by the time it requires it to be done.
  3. Doing it, but not in the manner or to the standard the instrument specifies.

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 section 16 of the Energy Act 1983.

penalty is that of the referenced enactment; not stated 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
16 June 1981
In force from
1 October 1988
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 replace— i the provisions for approval of Systems for the supply of energy and of means of connecting circuits with earth contained in Sections 10(a) and (c) of the Schedule to the Electric Lighting (Clauses) Act 1899 (c. 19) ii the Electricity Supply Regulations 1937 made by the Electricity Commissioners under the Electricity (Supply) Acts 1882 to 1936 and continued in force by section 60(2) of the Electricity Act 1947 (c. 54); and iii the Electricity (Overhead Lines) Regulations 1970 (S.I. 1970/1355). These Regulations impose requirements regarding the installation and use of electric lines and apparatus of suppliers of electricity including provisions for connections with earth. Part I (regulations 1-3) contains introductory provisions. Regulation 2 contains exemptions for certain existing supplies and apparatus and the circumstances in which the exemption ceases to apply. The exemption contained in the 1937 Regulations for certain works existing when those regulations came into force on 1st January 1937 is continued. Regulation 3 contains defined terms. The expressions “distributing main” and “service line” have different meaning from those used in the Electric Lighting (Clauses) Act 1899 and “electric line” from that used in the Energy Act 1983. Part II (regulations 4-8) contains provisions relating to earthing. Regulation 4 (low voltage) and 5 (high and low voltage) contain general requirements on suppliers and regulation 6 detailed requirements where multiple earthing is used. Regulation 7 specifies the matters relating to his own and consumer’s installation on which a supplier must be satisfied before allowing protective multiple earthing. Regulation 8 contains requirements for earthing of metalwork. Part III (regulations 9-11) contains provisions relating to electric lines below ground. Regulation 9 specifies the lines affected by this Part. Regulation 10 imposes requirements for protection of such lines and regulation 11 requirements regarding the depth and manner of their installation. Part IV (regulations 12-16) contains provisions relating to electric lines above ground. Regulation 12 specifies the lines affected by this Part. Regulation 13 imposes minimum heights for overhead electric lines wires and cables (with further requirements in Schedule 2). Regulation 14 contains requirements relating to insulation and protection of such lines including those which become temporarily accessible. Regulation 15 imposes a requirement to prevent access to high voltage overhead lines and to affix safety signs to supports for such lines, and regulation 16 relates to stays for such supports. Part V (regulations 17-24) contains general provisions relating to the works of all suppliers of electricity. Regulation 17 imposes a general duty that works must be sufficient for their purpose. Regulation 18 stipulates the maximum allowable line voltage and regulation 19 requires precautions against influx of fluids into enclosed spaces containing supplier’s works. Regulations 20 and 21 impose, in respect of high voltage works, requirements for the prevention of unauthorised access, erection of safety signs, and the installation of protective devices. Regulation 22 requires precautions against excess voltage on low voltage lines and transformers and regulation 23 requires precautions to limit the effect of supply failure. Regulation 24 Imposes a requirement on a supplier to inspect all his works. Part VI (regulations 25-32) contains provisions relating to supply to a consumer’s installation. Regulation 25 imposes requirements regarding supplier’s works On a consumer’s premises. Regulation 26 and Schedule 3 impose requirements where an installation is supplied from more than one source of electricity. Regulation 27 permits a supplier not to supply to an installation which does not satisfy certain requirements. Regulation 28 specifies the procedure if a supplier considers that an installation does not satisfy its requirements and regulation 29 the procedure to challenge a supplier’s refusal to give or continue a supply. Regulation 30 imposes a requirement to give information regarding the type and quality of supply within specified limits and regulation 31 requires other information affecting a consumer to be provided on request. Regulation 32 permits a supplier to interrupt supply on specified grounds. Part VII (regulations 33-39) contains miscellaneous provisions. Regulation 33 entitles the Secretary of State to inspect a supplier’s works. Regulation 34 and Schedule 4 contain a requirement on a supplier to give particulars to the Secretary of State relating to accidents and other events involving supplier’s works, electric lines, and domestic consumers' installations. Regulation 35 and Schedule 5 contain a requirement on a supplier to give notice of specified interruptions of supply to consumers. Regulation 36 requires a supplier to maintain maps of its underground works and to permit inspection by and to provide copies to specified persons. Regulation 37 permits the Secretary of State to grant exemptions from the Regulations and regulation 38 enables the Secretary of State to prohibit the use of the works of a supplier or certain parts of a consumer’s installation in specified circumstances, with provision for settling disputes. Regulation 39 provides that specified persons who fail to comply with specified provisions of the Regulations commit an offence under section 16 of the Energy Act 1983.

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 0.64.

Basis
the provision says a person is “guilty of an offence”; c10_offence_under_parent_act
Confidence
0.64 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