UK Offence Report

SCHEDULE 4

SCHEDULE 4 of The Planning (Hazardous Substances) 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

2 Where a person is in breach of a hazardous substances contravention notice he 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 This is the text as originally made; later amendments are not shown here.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
breaching a condition of a licence, permit or consent
Fault element
Mixed — some elements strict, some not
Burden of proof
Legal burden on the defendant

The prosecution must prove the conduct, and - for those elements the provision qualifies (wilfully) - the state of mind it names. The remaining elements carry no fault requirement, so they are strict.

The provision gives a defence the defendant must prove, on the balance of probabilities. A legal burden of that kind can be read down to a merely evidential one under section 3 of the Human Rights Act 1998 where placing it on the defendant would be disproportionate (R v Lambert [2001] UKHL 37; Sheldrake v DPP [2004] UKHL 43).

Classifier’s reasoning: no fault word in the offence-creating words, but the surrounding provision uses wilfully - which element it governs was not determined.

The defence, as drafted

ngs against any person for an offence under subsection (2), it shall be a defence for him to show that he did everything he could be expected to do to secure compliance with the notice. 6 An offence under subsection (2) may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under the

What would breach SCHEDULE 4?

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. Holding a valid licence but doing the thing it allows outside the hours, place or limits its conditions set under the Planning (Hazardous Substances) Regulations 1992.
  2. Failing to do something a condition positively requires - a record, a notification, a monitoring step - even though the licensed activity itself is carried on properly.

Penalty

Mode of trial
Either way — magistrates’ court or Crown 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 (1992-06-01); 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
11 March 1992
In force from
1 June 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 are made under the Planning (Hazardous Substances) Act 1990. That Act provides that the presence of or above the controlled quantity of a hazardous substance on, over or under land, requires hazardous substances consent. These Regulations set out— 1 the list of substances which are hazardous substances for the purposes of the 1990 Act and the controlled quantities of those substances; 2 exemptions from the need for hazardous substances consent; 3 the procedure to be followed for an application for hazardous substances consent; 4 the procedure to be followed on a claim for deemed hazardous substances consent and the conditions which will apply to such consents in addition to those set out in the 1990 Act; 5 the enforcement of hazardous substances control procedure; 6 the form of the consents register required under the 1990 Act; 7 the fee required in connection with an application for hazardous substances consent; 8 certain other miscellaneous provisions relating to hazardous substances control.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

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