UK Offence Report

1 Subject to the following provisions of this regulation, any person who without reasonable excuse…

regulation 10(1) of The Self-Propelled Industrial Trucks (EEC Requirements) 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

1 Subject to the following provisions of this regulation, any person who without reasonable excuse contravenes or fails to comply with any of the provisions of regulation 3(1), or issues

a certificate of conformity under regulation

7 in respect of

a truck which does not conform with the requirements of the Special Directive, shall be guilty of an offence, and liable on summary conviction to

a fine not exceeding £2000.

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 This is the text as originally made; later amendments are not shown here.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
Strict liability
Burden of proof
An element of the offence, for the prosecution to prove

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.

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

the following provisions of this regulation, any person who without reasonable excuse contravenes or fails to comply with any of the provisions of regulation 3(1), or issues a certificate of conformity under regulation 7 in respect of a truck which does not conform with the requirements of the Special Directive, shall be guilty of an offence,

What would breach regulation 10(1)?

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 Self-Propelled Industrial Trucks (EEC Requirements) Regulations 1988, 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
£2,000
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
Status not determined
Made
7 October 1988
In force from
2 November 1988
Extent
E+W+S

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 implement Council Directive 86/663/EEC. The Regulations apply to certain self-propelled industrial trucks. The Regulations: a provide for the appointment by the Secretary of State of approved bodies whose decisions may be reviewed by the Secretary of State. (Regulations 4 and 9) b provide for tests to be carried out on self-propelled industrial trucks by the manufacturer and/or by an approved body to ensure that they comply with the requirements of Annex 1 of the Directive. (Regulations 5 and 6) c provide for the issue by the manufacturer of certificates of conformity and the use of conformity marks. (Regulation 7). d provide for conformity checks to be carried out by the Secretary of State to ensure compliance with the requirements of the Directive, for the suspension and withdrawal of the obligation to issue certificates of conformity and affix conformity marks, and for the prohibition on marketing and for the withdrawal from the market of self-propelled industrial trucks which do not comply with those requirements. (Regulation 8) e subject to paragraph (f) below, prohibit on or after 1st January 1989 the marketing of any self-propelled industrial truck manufactured on or after that date unless a certificate of conformity has been issued in respect of that truck under these Regulations or under the law of Northern Ireland or of a member State other than the United Kingdom. (Regulations 3, 10 and 11) f provide that in proceedings against any person for an offence under certain legislation relating to health and safety at work in respect of a requirement in relation to any matter to which the Regulations apply it shall be a defence to show that the requirements of the Regulations have been complied with in respect of that matter. (Regulation 10(3)). g provide that where a person appeals to an industrial tribunal against certain types of notice that have been served on him in relation to a self-propelled industrial truck under section 24 of the Health and Safety at Work etc. Act 1974 the industrial tribunal shall cancel such notices if that person can show that the requirements of the Regulations have been satisfied in relation to the matters contained in those notices. (Regulation 10(4)).

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 0.92.

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