UK Offence Report

Publicity where an environmental statement is submitted in course of planning procedures

regulation 13(7) of The Town and Country Planning (Assessment of Environmental Effects) 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

7 If any person issues

a certificate which purports to comply with the requirements of paragraph (5)(b) and which contains

a statement which he knows to be false or misleading in

a material particular, or recklessly issues

a certificate which purports to comply with those requirements and which contains

a statement which is false or misleading in

a material particular, he shall be guilty of an offence and liable on summary conviction to

a fine not exceeding level

3 on the standard scale.

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 This is the text as originally made; later amendments are not shown here.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
making a false or misleading statement
Fault element
Requires proof of a state of mind
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (recklessly).

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

Classifier’s reasoning: mens rea word in the offence-creating words: recklessly.

What would breach regulation 13(7)?

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. Entering a figure on a form or return that is known to be wrong under the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988.
  2. Leaving out something the form asks for, where the omission is what makes the answer misleading.
  3. Producing a document to an official that has been altered since it was issued.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£400
Standard scale
Level 3
Maximum prison (summary)
Not determined

this is the level 3 value when the instrument came into force (1988-07-15); the standard scale is keyed to the date the offence was committed, and for conduct today the same words mean £1000.

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
12 July 1988
In force from
15 July 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 are concerned with the implementation in England and Wales of Council Directive 85/337/EEC (OJ No. L175, 5.7.85, p. 40.) on the assessment of the effects of certain public and private projects on the environment. The Regulations impose new procedural requirements in connection with the consideration of applications for planning permission under Part III of the Town and Country Planning Act 1971 and the deemed grant under the Town and Country Planning General Regulations 1976 (“the 1976 Regulations”) of planning permission for development by local planning authorities or for development on land they own. The descriptions of development which are affected by the Regulations are set out in Schedules 1 and 2. Development mentioned in Schedule 2 is only affected if it would be likely to have significant effects on the environment by virtue of factors such as its nature, size and location. Regulation 3 extends the statutory power to provide in a development order for the giving of directions so that the Secretary of State can be empowered to direct whether development is, or is not, within the ambit of the Regulations. He may also be given power to exempt particular development by direction. Regulation 4 prohibits the grant of planning permission for affected development unless the local planning authority, the Secretary of State or an inspector have first taken account of the environmental information (as defined in regulation 2) which is before them, including a statement by the applicant or appellant of the likely significant effects on the environment of the proposed development. Such a statement (“an environmental statement”) must conform with Schedule 3. The prohibition applies where an application is lodged on or after 15th July 1988. Similarly regulation 17 prohibits local planning authorities from resolving under regulation 4 or 5 of the 1976 Regulations to seek planning permission for their own development or development on their own land without preparing an environmental statement, where required. The regulation also prohibits them from passing a further resolution under the 1976 Regulations whereby deemed planning permission for such development is granted without first considering the available environmental information. Persons proposing to apply for planning permission may seek a preliminary opinion from the local planning authority as to whether the proposed application would be subject to the provisions of these Regulations (regulation 5) and may seek a direction of the Secretary of State if they do not accept an authority’s opinion that that is the case (regulation 6). Regulation 7 provides that particular directions and opinions and notifications about the application of these Regulations and the need to submit an environmental statement are included in local planning registers or otherwise made available for inspection. Regulations 8 and 22 provide for public bodies to assist in the preparation of environmental statements. Regulations 9 to 11 apply where a planning application is submitted without an environmental statement and the local planning authority or the Secretary of State or an inspector form the view that one is required; and specify the procedures to be followed. Regulations 12 and 13 provide for public notice to be given of all applications for planning permission where an environmental statement is submitted. Regulations 14 and 15 require the local planning authority or where appropriate, the Secretary of State, to consult certain public bodies about such applications. The bodies in question are those mentioned in regulation 8(5). Regulation 16 extends the time allowed to a local planning authority to consider an application for planning permission from 8 weeks to 16 weeks where consideration of environmental information is required; and also provides that time does not run until an environmental statement is submitted or, in certain circumstances, while the need for this is under consideration. Regulations 18 to 20 are concerned with the provision of copies of an environmental statement. A person preparing a statement may charge the public for copies and consultees for additional copies (regulation 20). Regulation 21 empowers a person considering an environmental statement to require further information or the verification of information given. Regulation 22 requires the local planning authority and public bodies mentioned in regulation 8(5) to supply information (other than confidential information) for the preparation of an environmental statement where they are asked to do so. Regulation 23 requires the Secretary of State to be notified of planning decisions by local planning authorities involving consideration of environmental information in accordance with these Regulations. Regulation 25 modifies the operation of section 245 of the Town and Country Planning Act 1971 so that decisions by the Secretary of State (or an inspector) may be challenged on the ground that regulation 4 has been contravened.

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.

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