UK Offence Report

Obstruction of inspectors

regulation 27(2) of The Measuring Instruments (EEC Requirements) Regulations 1988 (revoked)

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

2 If any person, in giving an inspector any such information as is mentioned in paragraph (1) above, gives any information which he knows to be false, he shall be guilty of an offence.

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 This is the text as originally made; later amendments are not shown here.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
No statutory defence — prosecution proves everything

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.

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

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach regulation 27(2)?

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 Measuring Instruments (EEC Requirements) Regulations 1988.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

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
9 February 1988
In force from
14 March 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 the Measuring Instruments (EEC Requirements) Regulations 1980 as amended. The Regulations implement Council Directive No. 71/316/EEC (O.J. L202, 6.9.71, p.1, O.J./S.E. 1971(II) p.707) relating to measuring instruments and methods of metrological control, as amended by Council Directives No. 72/427/EEC (O.J. L291, 28.12.72, p.156, O.J./S.E.1972, 28–30 Dec., p.71), No. 83/575/EEC (O.J. L332, 28.11.83, p.43), No. 87/354/EEC (O.J. L192, 11.7.87, p.43) and No. 87/355/EEC (O.J. L192, 11.7.87, p.46). They also implement the Council Directives relating to particular categories of instruments, which are mentioned in Regulation 2(1). Together these Directives provide procedures and requirements for instruments to receive EEC pattern approval and EEC initial verification as an alternative to complying with national law in each of the member States. The principal provisions of the Regulations are as follows:– 1 Provision is made for the Secretary of State, on application being made for that purpose, to approve patterns of instruments which comply with the relevant Council Directive relating to that category of instruments (Regulation 8); 2 Provision is also made for the initial verification of measuring instruments to determine whether they comply with the approved pattern (if there is one), whether granted in the United Kingdom or in another member State, and with the provisions of the relevant Council Directive, and for the application of the mark of EEC initial verification. The application for EEC initial verification is to be made to the local weights and measures inspector with the exception of certain types of instruments where it is to be made to the Secretary of State or to an inspector of a nominated local weights and measures authority only (Regulation 13); 3 The signs and marks relating to EEC pattern approval and to EEC initial verification are described (Regulation 4 and Schedule 1) and examples are given; 4 The prohibition on the use for trade etc. of weighing or measuring equipment of a class or description prescribed under section 11 of the Weights and Measures Act 1985, or Article 9 of the Weights and Measures (Northern Ireland) Order 1981, unless passed as fit for such use and generally stamped, is not to apply to measuring instruments bearing the sign of EEC pattern approval and exemption from EEC initial verification or the mark of EEC initial verification whether that sign or mark was applied in the United Kingdom or in another member State. Particular requirements apply in relation to the use of non-automatic weighing machines (Regulation 6); 5 The particular categories of measuring instruments to which the Regulations apply are described in Regulation 3; 6 The Regulations include provision for offences and penalties (Regulations 25 and 30) in connection with the misuse of EEC signs and marks, and also include powers of inspection of measuring instruments, and entry of premises for the enforcement of the Regulations (Regulation 26). The principal changes in these Regulations are that the Regulations are applied to tyre pressure gauges to which Council Directive No. 86/217/EEC applies, and that the in-service limits of error for cold-water meters are amended.

Read the full note and every offence in this instrument

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 0.92.

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