UK Offence Report

29 Any person who— a contravenes or fails to comply with regulation 11 above; b affixes the EC mark to any…

regulation 29 of The Supply of Machinery (Safety) 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

29 Any person who—

a contravenes or fails to comply with regulation

11 above;

b affixes the EC mark to any relevant machinery in contravention of regulation 25(2) above;

c affixes

a mark or inscription to relevant machinery in contravention of regulation 25(3) above;

d contravenes the requirements of regulation

24 above; or

e fails or refuses to give information or an explanation as required by regulation 25(4) above, shall be guilty of an offence.

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 This is the text as originally made; later amendments are not shown here.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
contravening a requirement of the instrument
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

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.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach regulation 29?

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 the thing the provision prohibits under the Supply of Machinery (Safety) Regulations 1992, whatever the reason for doing it.
  2. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

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
30 November 1992
In force from
1 January 1993
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 Council Directive 89/392/EEC on the approximation of the laws of the Member States relating to machinery, as amended by Council Directive 91/368/EEC (the Machinery Directive). Part II provides for the application of the Regulations. They apply to “relevant machinery” (regulation 3) which is machinery as defined in regulation 4, other than machinery excepted by regulations 5 to 10. The Regulations do not apply to specified types of machinery (regulation 5 and Schedule 5) or machinery exported for use outside the Community (regulation 6). Regulations 7 and 8 set out transitional arrangements whereby the Regulations do not apply to machinery first supplied or put into service in the Community before 1st January 1993 or machinery first supplied or put into service in the Community on or before 31st December 1994 if it complies with the health and safety provisions in force in the relevant Member State at 31st December 1992. The Regulations do not apply before 1st July 1995 to certain specified machinery covered by other Directives (regulation 9). Further, they do not apply to machinery in respect of which the health and safety risks covered by the Machinery Directive are wholly covered by other Directives applicable to that machinery nor to machinery which is electrical equipment where the safety risks are mainly of electrical origin (regulation 10). Part III sets out the general requirements of the Regulations. Regulations 11 and 12 provide that relevant machinery cannot be supplied (and this includes putting into service in the course of business by the manufacturer himself or by the importer of relevant machinery from outside the Community) unless it satisfies the relevant essential health and safety requirements and the appropriate conformity assessment procedure has been carried out. In addition, either an EC declaration of conformity (indicating that the machinery does satisfy the relevant essential health and safety requirements) must have been issued in respect of the machinery by the responsible person and the EC mark affixed to it by that person or, in the case of machinery intended for incorporation in other machinery, a declaration of incorporation must have been issued by the responsible person. The relevant machinery must also be safe. These requirements do not apply in respect of the supply of relevant machinery which has previously been used in the Community (regulation 11(3)). The essential health and safety requirements (Annex I of the Machinery Directive) are set out in Schedule 3. Regulation 2 defines “responsible person” and “relevant essential health and safety requirements”. Regulations 13 to 15 describe the different conformity assessment procedures, which apply, as appropriate, to relevant machinery in general, relevant machinery posing special hazards (listed in Schedule 4) and relevant machinery manufactured in accordance with transposed harmonized standards. All the conformity assessment procedures require the responsible person to draw up a technical file and where the relevant machinery is machinery posing special hazards either to send the technical file to an approved body for retention or verification or to have an example of the machinery EC type-examined. Regulation 18 provides for the appointment of United Kingdom approved bodies and specifies their functions. Regulation 19 provides for these bodies to charge fees. Regulation 20 provides for certificates of adequacy (verification) in respect of technical files and regulation 21 sets out the procedures in respect of EC type-examination. Regulation 22 specifies the procedure whereby a responsible person issues EC declarations of conformity (including the contents of such a declaration). Regulation 23 provides for declarations of incorporation by a responsible person. Regulation 24 requires the retention, by the responsible person, of the technical file (or a copy of the file submitted to an approved body) for ten years following the supply of the last unit of the machinery to which it relates. Regulation 25 contains the requirements which must be satisfied before an EC mark may be properly affixed, prohibits the affixing of the EC mark to machinery unless it is safe and enables enforcement authorities to require information from the supplier of relevant machinery without an EC mark. Regulation 26 sets out the conditions for relevant machinery being taken to satisfy the relevant essential health and safety requirements. Regulation 27 requires the notification of judicial remedies to persons aggrieved by a decision of a United Kingdom approved body. Part IV and Schedule 6 make provision for the enforcement of the Regulations by the Health & Safety Executive in Great Britain, the Department of Economic Development and the Department of Agriculture in Northern Ireland, in relation to relevant machinery for use at work; and the weights and measures authorities in Great Britain and district councils in Northern Ireland in relation to relevant machinery for private use. In Scotland, proceedings are brought by the procurator-fiscal or Lord Advocate. Regulations 29 and 30 provide for the offences and penalties for breach of the Regulations. There are also provisions relating to the defence of due diligence (regulation 31) and liability of persons other than the principal offender (regulation 32). Consequential disapplications of United Kingdom law are set out in regulations 33 and 34. Mine regulations, which are disapplied, are specified in Schedule 7. Schedule 1 sets out Regulations which are revoked from 1st January 1996. Schedule 2 sets out the form of the EC mark.

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 0.92.

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