UK Offence Report

Contravention of The Chemicals (Hazard Information and Packaging) Regulations 1993

the instrument as a whole of The Chemicals (Hazard Information and Packaging) Regulations 1993

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.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 This is the text as originally made; later amendments are not shown here.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 Chemicals (Hazard Information and Packaging) Regulations 1993.

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 Control of Substances Hazardous to Health Regulations 1994
Revoked on
16 January 1995
Made
19 July 1993
In force from
1 September 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 which regulate the classification, packaging and labelling of substances and preparations dangerous for supply or carriage supersede the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984 which they revoke. The Regulations implement as respects Great Britain the provisions of the following Directives— Council Directive 92/32/EEC (OJ No. L154, 5.6.92, p.1) amending for the 7th time Council Directive 67/457/EEC (OJ No. 196, 16.8.67, p.1 (OJ/SE 1967, p.234)) in so far as these provisions relate to the classification, packaging and labelling of dangerous substances; Council Directive 88/379/EEC (OJ No. L187, 16.7.88, p.14) as amended by Commission Directive 90/492/EEC (OJ No. L275, 5.10.90, p.35) on the classification, packaging and labelling of dangerous preparations; Council Directive 78/631/EEC (OJ No. L204, 29.7.78, p.13) on the classification, packaging and labelling of dangerous substances (pesticides); and Commission Directive 91/155/EEC (OJ No. L76, 22.3.91, p.35) on the system of specific information relating to dangerous preparations (safety data sheets), except in so far as those Directives relate to the provision of child resistant fastenings for certain packages containing dangerous substances and preparations. Regulation 3 describes the scope of the Regulations. Regulation 4 defines and describes “the approved supply list” and “the approved carriage list” that have respectively been approved by the Health and Safety Commission for the purposes of classifying substances and preparations dangerous for supply or carriage. Regulation 5 provides that substances are dangerous for supply if they are so classified in the approved supply list or are substances which have the properties described in Schedule 1. Preparations (other than pesticides) are dangerous for supply if, when classified in accordance with Schedule 4, they are in one or more of the categories of danger specified in Schedule 1. Special rules for the classification of pesticides (other than pesticides approved or required to be approved under the Food and Environment Protection Act 1985) are set out in Schedule 5. Regulation 6 describes the safety data sheets that (with certain exceptions) are required to be provided when substances or preparations dangerous for supply are supplied. Regulation 7 provides that substances (including preparations) are dangerous for carriage if they are so classified in the approved carriage list or are substances which have the properties described in Schedule 3. The Regulations impose requirements in respect of the packaging of substances and preparations dangerous for supply or carriage (regulation 8), in respect of the particulars to be displayed on labels for substances and preparations dangerous for supply (regulation 9) and for carriage (regulation 10). Certain derogations are permitted from the labelling requirements where a substance or preparation is both supplied and carried (regulation 11) and in relation to certain international transport rules (regulation 12). Regulation 13 imposes special labelling requirements for certain preparations dangerous for supply and regulation 14 provides for the methods of labelling packages containing substances and preparations dangerous for supply or for carriage. The Regulations also require the person who classifies a substance or preparation dangerous for supply to retain the data used for the classification for 3 years and make it available to the Health and Safety Executive on request (regulation 15). Regulation 16 requires the constituents of certain preparations dangerous for supply to be notified to a poisons advisory centre approved by the Secretary of State for Health. The Regulations make provisions for exemptions to be granted in certain circumstances by the Health and Safety Executive (regulation 17) and for their enforcement (regulation 18). This regulation also provides for a defence in the case of contravention of the Regulations. Certain transitional provisions are set out inregulation 19 and provision is made to extend the application of the Regulations outside Great Britain (regulation 20). Regulation 21 and Schedule 9 and Schedule 10 and regulation 22 and Schedule 11 provide for consequential revocations and modifications. Copies of the publications referred to in these Regulations are obtainable as follows— the approved carriage list [ISBN 0 11 88 21571], the approved supply list [ISBN 0 11 88 21563], the approved classification and labelling guide [ISBN 0 11 88 21555], Regulations concerning the International Carriage of Goods by Rail (RID) [ISBN 0 11 550814 7], European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) [ISBN 0 11 550901 1]; from Her Majesty’s Stationery Office; the International Maritime Dangerous Goods Code (IMDG) [Volumes I to IV ISBN 92 801 1055 1, Volume V ISBN 92 801 1125 6] from the International Maritime Organization, 4, Albert Embankment, London SE1 7SR; Technical Instructions for the Safe Transport of Dangerous Goods by Air and Supplement [ISBN 0 9400394 18 9] from International Aeradio Ltd, Aeradio House, Hayes Rd, Southall, Middlesex UB2 5NG; The British, national and international standard specifications referred to in Part III of Schedule 1 (relating to the determination of flash point) from (by personal callers) the British Standards Institution, 2 Park Street, London W1A 2BS or (by post) from the British Standards Institution, Linford Wood, Milton Keynes, MK14 6LE.

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 0.85.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.85 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