UK Offence Report

Contravention of The Packaging of Explosives for Carriage Regulations 1991

the instrument as a whole of The Packaging of Explosives for Carriage Regulations 1991

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

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 This is the text as originally made; later amendments are not shown here.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 Packaging of Explosives for Carriage Regulations 1991.

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
Status not determined
Made
18 September 1991
In force from
1 March 1992
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 make new provision for the packaging of explosives for carriage by all means of transport subject to exceptions set out in regulation 3 and Schedule 1. By regulation 4 no person may consign explosives for carriage, or knowingly carry explosives, unless they are in packagings which comply with the Regulations. Specific requirements as to the design and construction of, and materials used in, packagings are set out in regulations 5 and 6. Packagings containing not more than 400 kg of explosives must be packaged in accordance with a method prescribed for those explosives in the United Nations Recommendations— Regulation 7 . This is the 7th revised edition of the United Nations Recommendations on the Transport of Dangerous Goods. The Secretary of State may approve a later edition in substitution for the 7th revised edition— Regulation 2(1) . Systems are established for the testing and marking of packagings— Regulations 8 to 11 and Schedule 2 . Regulations 12 and 13 provide for enforcement and powers to grant exemptions. Repeals, revocations and savings are dealt with by Regulation 14 and Schedule 3. Copies of documents referred to in these Regulations may be obtained as follows:— a The United Nations Recommendations (Regulation 2(1) and 7) , the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) (Regulation 3(4)(c)) , the Regulations concerning the International Carriage of Dangerous Goods by Rail (RID) (Regulation 3(4)(b)) , the Conven tion concerning International Carriage by Rail (COTIF) (Regulation 3(4)(b)) and the Uniform Rules concerning the Contract for International Carriage of Goods by Rail (CIM) (Regulation 3(4)(b)) from Her Majesty’s Stationery Office, Publications Centre, PO Box 276, London SW8 5DT, or from one of Her Majesty’s Stationery Office Bookshops; b the International Maritime Dangerous Goods Code, (Regulation 3(4)(a)) from the International Maritime Organisation, 4 Albert Embankment, London SE1 7SR; c the Technical Instructions for the Safe Transport of Dangerous Goods by Air (1991–92 English language edition) (Regulation 3(4)(a)) from either Freight Merchandising Services c/o Vidap Freight Services Ltd, Green Lane, Hounslow, Middlesex TW4 6DD or IAL—International Aeradio Plc, Aeradio House, Hayes Road, Southall, Middlesex UB2 5NJ. The conditions mentioned in Regulation 3(1)(c)(v) and the standards mentioned in Regulation 11(1)(a)(i) are available from the Health and Safety Executive, Baynards House, 1 Chepstow Place, Westbourne Grove, London W2 4TF.

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 0.70.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.70 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