UK Offence Report

Offences and penalties

regulation 7 of The Environmental Protection (Controls on Injurious Substances) (No. 2) Regulations 1993

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

7 A person who contravenes regulation 2, 3,

4 or 5, or causes or permits another person to contravene one of those regulations, shall be guilty of an offence and shall be liable, on summary conviction, to

a fine not exceeding level

5 on the standard scale and, on conviction on indictment, to imprisonment for

a term not exceeding two years, or

a fine, or both.

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 This is the text as originally made; later amendments are not shown here.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 7?

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. On these words an offence is committed where a person contravenes regulation 2, 3, 4 or 5, or causes or permits another person to contravene one of those regulations.
  2. Doing the thing the provision prohibits under the Environmental Protection (Controls on Injurious Substances) (No. 2) Regulations 1993, whatever the reason for doing it.
  3. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£5,000
Standard scale
Level 5
Maximum prison (summary)
Not determined
Maximum prison (on indictment)
2 years

this is the level 5 value when the instrument came into force (1993-07-31); the standard scale is keyed to the date the offence was committed, and for conduct today the same words mean an unlimited fine.

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
29 June 1993
In force from
31 July 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 give effect to Council Directive 91/338/EEC (OJ No. L186, 12.7.91, p.59) which amended for the tenth time Directive 76/769/EEC (OJ No. L262, 27.9.76, p.201) on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations. Regulation 2 restricts from 31st July 1993 the use of cadmium to give colour to finished products made from certain plastics, with restrictions in relation to additional plastics imposed from 31st December 1995. The regulation also restricts the marketing of products manufactured from the specified plastics. Regulation 3 makes additional provision from 31st December 1995 in relation to levels of cadmium in paints. Regulation 4 restricts from 30th June 1994 the use of cadmium to stabilise certain finished products made from PVC, and the marketing of such products. Regulation 5 restricts from 31st July 1993 the use of cadmium in the metallic plating of certain products, and the marketing of those products so plated. Additional products are brought within the restrictions from 30th June 1995. Regulation 6 makes exceptions from the provisions of regulations 2 to 5. Regulation 7 makes it a criminal offence to contravene regulation 2, 3, 4 or 5 and specifies the penalties for such offences. The CAS Registry Handbook may be inspected by appointment at the Library of the Royal Society of Chemistry, Burlington House, Piccadilly, London W1V 0BN.

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