UK Offence Report

Contravention of The Health and Safety (Fees) Regulations 1988

the instrument as a whole of The Health and Safety (Fees) Regulations 1988

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.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 section 33(1)(c) of the Health and Safety at Work etc. Act 1974. 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 This is the text as originally made; later amendments are not shown here.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 Health and Safety (Fees) Regulations 1988.

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 33(1)(c) of the Health and Safety at Work etc. Act 1974.

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 Health and Safety (Fees) Regulations 1989
Revoked on
20 April 1989
Made
11 April 1988
In force from
17 May 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 update and replace the Health and Safety (Fees) Regulations 1987 (Schedule 12). They fix or determine the fees payable by an applicant to the Health and Safety Executive in respect of an application made for— an approval under mines and quarries legislation (regulation 2 and Schedule 1); an approval of certain respiratory protective equipment, blasting helmets, and of automatic safe load indicators (regulation 3 and Schedule 2); an approval of plant or equipment under the Agriculture (Tractor Cabs) Regulations 1974 and the Poisonous Substances in Agriculture Regulations 1984 (regulation 4 and Schedule 3); an approval of a scheme or programme under the Freight Containers (Safety Convention) Regulations 1984 (regulation 5 and Schedule 4); a licence under the Asbestos (Licensing) Regulations 1983 (regulation 6 and Schedule 5); an approval of dosimetry services and for type approval of radiation generators or apparatus containing radioactive substances under the Ionising Radiations Regulations 1985 (regulation 9 and Schedule 8); an approval, authorisation or licence etc. under the Explosives Act 1875 and certain instruments thereunder, for a licence under the Petroleum (Consolidation) Act 1928, for the transfer of a licence under the Petroleum (Transfer of Licences) Act 1936, and for the purpose of each of the exemption orders made under the Gas Cylinders (Conveyance) Regulations 1931 (regulation 10 and Schedule 9). The Home Office Specifications referred to in Part V of Schedule 9 are obtainable from the Health and Safety Executive, Technical Division 2A, Mechanical Systems Unit, Magdalen House, Stanley Precinct, Bootle, Merseyside L20 3QZ; testing for the purpose of the classification of an article, substance, combination, or unit load under the Classification and Labelling of Explosives Regulations 1983 (regulation 12 and Schedule 10); an explosives licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987 (regulation 13 and Schedule 11). The Regulations also fix the fees to be paid in respect of medical examinations and surveillance by an employment medical adviser which are required under certain of the relevant statutory provisions (regulations 7 and 8 and Schedules 6 and 7). In the case of approval of respiratory protective equipment under the Control of Asbestos at Work Regulations 1987 (regulation 3 and Schedule 2) a fee is fixed for the first time. The fees fixed in relation to a medical examination by regulation 16(8) of the Control of Asbestos at Work Regulations 1987 and in relation an application for an explosives licence by regulation 35(2) of the Dangerous Substances in Harbour Areas Regulations 1987 have been consolidated into these Regulations and the two provisions mentioned have been revoked (regulations 7 and 13 and Schedule 12). The changes to the fees fixed by or determined under the previous Regulations are as follows:— for laboratory tests where these are carried out for a clinical medical examination where this is carried out Strontium 90 and actinides Any other radionuclide The Regulations do not apply to Northern Ireland.

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 0.59.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.59 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