UK Offence Report

Penalties

regulation 11(2) of The Harbour Works (Assessment of Environmental Effects) (No.2) Regulations 1989

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 A person who fails without reasonable excuse to comply with

a notice served upon him under regulation 9(1) 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 This is the text as originally made; later amendments are not shown here.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
breaching the provision
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

2 A person who fails without reasonable excuse to comply with a notice served upon him under regulation 9(1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

What would breach regulation 11(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. On these words an offence is committed where a person fails without reasonable excuse to comply with a notice served upon him under regulation 9(1).
  2. Doing what the provision prohibits, or failing to do what it requires under the Harbour Works (Assessment of Environmental Effects) (No.2) Regulations 1989.

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 (1989-03-16); 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
9 March 1989
In force from
16 March 1989
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 implement for England and Wales and Scotland Council Directive 85/337/EEC of 27 June 1985 (O.J. No. L175 15.7.85, p. 40) on the assessment of the effects of certain public and private projects on the environment, in respect of certain harbour works, namely harbour works below medium low water mark for which consent under the Town and Country Planning Acts is not required and which are not authorised by or under any enactment. Regulation 4 obliges the appropriate Minister to consider whether applications or notices received pursuant to the Coast Protection Act 1949 or other legislation relate to harbour works to which the Regulations apply. If he decides that they do, he must consider whether the proposed works fall within Annex I or Annex II to the Directive and, in the latter case, whether their characteristics require that they be made subject to an environmental assessment in accordance with the Directive. The works are not to be carried out unless the consent of the appropriate Minister is obtained or he has decided that an environmental assessment is not required. Regulation 5 states that where the harbour works require the consent of the appropriate Minister, he shall direct the developer to supply him with such of the information specified in Annex III to the Directive as may be relevant and obtainable. Regulation 6 provides that the developer must publish a notice in a local newspaper, and at or outside the premises of the harbour authority, indicating the nature of the proposed works, that he has been directed to supply the information specified in Annex III and stating where copies of the application and information may be inspected and obtained and how representations may be made. The developer is to furnish the appropriate Minister with a certificate to the effect that these steps have been carried out. Regulation 7 provides for consultation with bodies having environmental responsibilities, and, in appropriate cases, with the harbour authority for the harbour at which the works are proposed to be carried out and the holding of inquiries into proposed works. Regulation 8 requires the appropriate Minister to consider the information specified in Annex III to the Directive, any representations, consultations, and the report of any inquiry in reaching his decision and to have regard to the effect of the proposed works on the environment and on the development of the harbour. He is required to notify his decision and the reasons and considerations upon which it is based to the developer and to all bodies or persons who were consulted or made representations and to publish his decision. Regulation 9 empowers the appropriate Minister to serve notice on a developer who carries out harbour works to which the Regulations apply and which may require to be subject to an environmental assessment, directing the developer to cease the works and to provide the appropriate Minister with specified information concerning the works to enable him to consider their status and merits. If the developer fails to provide the specified information, the appropriate Minister shall make such investigations as he considers necessary and shall proceed to reach a decision either on whether an assessment is required or, if appropriate, on the merits of the harbour works. Regulation 10 deals with the enforcement of decisions pursuant to the Regulations by providing for the service of notice on the developer requiring him to remove the works and reinstate the site and empowering the appropriate Minister to take the necessary remedial action where a notice is not complied with. If the developer no longer has any interest in the harbour works when a notice or application is sought to be served or made under regulation 9 or 10, the appropriate Minister may instead proceed against the person who is then interested in the harbour works. Regulation 11 creates criminal offences in respect of non-compliance with the regulations. Where a certificate provided under regulation 6 is false or misleading the person who made it is guilty of an offence if he made it knowing it was false or misleading or recklessly. The offender is liable on a summary conviction to a fine not exceeding level 3 on the standard scale. Failure to comply with a notice served under regulation 9 is also an offence punishable on summary conviction by a fine not exceeding level 3 on the standard scale.

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