UK Offence Report

Contravention of The Health and Safety (Miscellaneous Provisions) (Metrication etc.) Regulations 1992

the instrument as a whole of The Health and Safety (Miscellaneous Provisions) (Metrication etc.) Regulations 1992

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 This is the text as originally made; later amendments are not shown here.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 Health and Safety (Miscellaneous Provisions) (Metrication etc.) Regulations 1992.

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
21 July 1992
In force from
10 September 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.

Part I of these Regulations amends the enactments listed in Part I of Schedule 1, namely the Celluloid and Cinematograph Film Act 1922 and the Petroleum (Consolida tion) Act 1928, by substituting measurements expressed in metric units for measure ments not so expressed. Similar amendments are made to the Instruments listed in Part II of that Schedule. The substituted measurements preserve the effect of the original provisions except to the extent necessary to obtain amounts expressed in suitable and convenient terms. Regulation 4 provides that the amendments do not relate to plant, buildings, or other permanent structures in existence or under construction immediately before the coming into force of these Regulations if that plant or those buildings or other permanent structures complied with the then existing Regulations. By regulation 5, the Modification of Space in Bakehouses Order 1903 and article 4 of the Notification of Employment of Persons Order 1964 are revoked. Part II of these Regulations amends legislation relating to humid factories used for the manufacture of cotton and similar goods. The effect of the amendments are to permit humidity measurements to be made using accurate hygrometers rather than just wet and dry bulb hygrometers which are calibrated on the Fahrenheit (non-metric) temperature scale. The legislation amended is— section 68 of the Factories Act 1961; the Flax and Tow Spinning Regulations 1906; the Hemp Spinning and Weaving Regulations 1907; the Cotton Cloth Factories Regulations 1929, and the Jute (Safety, Health and Welfare) Regulations 1906. Part II of these Regulations also revokes section 79 of the Factories Act 1961 (which relates to the approval of plans for cotton cloth factories) and the Flax and Hemp (Record of Humidity) Order 1961. Part III of these Regulations amends the definition of “petroleum-spirit” in the Petroleum (Consolidation) Act 1928 to correspond with the definition now used internationally and also permits the test methods that are in use internationally to be used. There are consequential amendments to the instruments listed in Part II of Schedule 3.

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 0.57.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.57 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