UK Offence Report

Contravention of The Public Information for Radiation Emergencies Regulations 1992

the instrument as a whole of The Public Information for Radiation Emergencies Regulations 1992

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.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 This is the text as originally made; later amendments are not shown here.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 Public Information for Radiation Emergencies 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
Revoked
Revoked by
The Radiation (Emergency Preparedness and Public Information) Regulations 2001 (revoked)
Revoked on
20 September 2001
Made
26 November 1992
In force from
1 January 1993
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 give effect as respects Great Britain (except to the extent specified below) to Council Directive 89/618/Euratom (OJ No. L357, 7.12.89, p.31) on informing the general public about health protection measures to be applied and steps to be taken in the event of a radiological emergency (“the Directive”). These Regulations do not impose requirements with respect to information of persons who might be involved in the organisation of emergency assistance in the event of a radiological emergency (Article 7 of the Directive). Employers or self-employed persons whose undertakings give rise to a reasonably foreseeable risk of a radiation emergency (as defined) are required to supply the information referred to in Schedule 2 to these Regulations (“Schedule 2 information”) to all members of the public who are in an area in which they are liable to be affected by such an emergency. The area to which the regulation applies is to be determined by the Health and Safety Executive. Information supplied under this regulation must also be made publicly available (regulation 3(1)). In preparing Schedule 2 information, employers or self-employed persons are required to consult relevant local authorities and other appropriate persons (regulation 3(2)) and are required to try to enter into an agreement with the local authority referred to in regulation 3(3) for that authority to distribute the information to members of the public (regulation 3(3)). Schedule 2 information must be updated at regular intervals but not less than once in three years and whenever significant changes occur; updated information must be supplied again and made publicly available (regulation 3(4)). There is a transitional provision for the compliance with regulation 3 by existing undertakings (regulation 3(5)). A first tier local authority (as defined) is required to prepare and keep up to date arrangements to supply information and advice in the event of a radiation emergency (regulation 4(1)). The arrangements prepared under regulation 4(1) are required to provide for information to be supplied at regular intervals and in an appropriate manner to members of the public actually affected by the radiation emergency (regulation 4(2)). A member of the public actually affected is defined in regulation 4(5). In preparing the arrangements referred to in paragraph 7 above, the first tier local authority is required to consult any other authority likely to be responsible for implementing any measures referred to in Schedule 3 to these Regulations, and any other appropriate person (regulation 4(3)). The information and advice referred to in paragraph 7 above shall, where relevant to the type of radiation emergency, include that referred to in Schedule 3 to these Regulations and must mention any authority or authorities responsible for implementing the measures referred to in that Schedule (regulation 4(4)). There is a transitional provision for the compliance with regulation 4 by the first tier local authorities (regulation 4(6)). The Secretary of State for Defence may disapply regulation 3 of these Regulations in any particular case in the interests of national security (regulation 5). Any provision of these Regulations made under the European Communities Act 1972 is enforceable as if it were a health and safety regulation made under the Health and Safety at Work etc. Act 1974 (regulation 6).

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 0.61.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.61 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