Use for trade of clinical thermometers where EEC pattern approval has been revoked or has not been extended

regulation 11(1) of The Clinical Thermometers (EEC Requirements) Regulations 1993

Revoked
Requires proof of a state of mind
Food, consumer protection, trading standards, product safety and age-restricted sales

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

1 Where pattern approval for any clinical thermometer ceases to apply by reason of it having been revoked or not extended, or any person who, knowing that the pattern approval has ceased to apply, uses for trade or has in his possession for such use or causes or permits any other person to to use
a clinical thermometer of the pattern in question bearing any EEC sign or mark related to the pattern approval, or disposes of any such clinical thermometer to any other person in
a state in which it could be so used without informing that other person of the revocation or non–extension, shall be guilty of an offence and the thermometer shall be liable to be forfeited.

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 This is the text as originally made; later amendments are not shown here.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: Requires proof of a state of mind
Burden of proof: No statutory defence — prosecution proves everything

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (knowing that).

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

Classifier’s reasoning: mens rea word in the offence-creating words: knowing that.

What would breach regulation 11(1)?

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.

Doing what the provision prohibits, or failing to do what it requires under the Clinical Thermometers (EEC Requirements) Regulations 1993.

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.

Sentencing organisations: fines and the means of a corporate defendant All courts in England and Wales
How a fine on a company is arrived at from its turnover. Relevant far beyond the guidelines that state it, because a very large share of the offences in this corpus can only be committed by an organisation.
Health and safety offences, corporate manslaughter and food safety and hygiene offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales · in force from 1 February 2016
Covers breaches of duty under the Health and Safety at Work etc. Act 1974 and the regulations made under it, and food safety and food hygiene offences. Sentencing turns on culpability and on the seriousness and likelihood of harm risked, not only on the harm that happened.
Reduction in sentence for a guilty plea: definitive guideline All courts in England and Wales · in force from 1 June 2017
The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.
General guideline: overarching principles All courts in England and Wales · in force from 1 October 2019
The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.
Totality: definitive guideline All courts in England and Wales
How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.

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 Clinical Thermometers (EEC Requirements) (Revocation) Regulations 2015
Revoked on: 1 April 2015
Made: 29 September 1993
In force from: 21 October 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

These Regulations, which apply to the United Kingdom, implement Council Directive No. 76/764/EEC, as amended, relating to clinical mercury–in–glass, maximum reading thermometers. They apply to clinical thermometers designed to measure the internal temperature of humans or animals (regulation 3). The Regulations— a specify the signs of EEC pattern approval and EEC limited pattern approval and the mark of EEC initial verification (regulation 4 and the Schedule); b provide for the free movement in the United Kingdom of clinical thermometers which bear the sign of EEC pattern approval and the mark of EEC initial verification (regulation 5); c provide for the approval by the Secretary of State of bodies to grant EEC pattern approval and to carry out EEC initial verification in respect of clinical thermometers (regulation 6(1) to (5)); d enable approval bodies to charge fees for things done in performance of their functions under the Regulations (regulation 6(6) to (9)); e provide for the grant by approved bodies of EEC pattern approval of clinical thermometers which comply with the Directive (regulation 7); f provide for a sign of EEC pattern approval or EEC limited pattern approval to be affixed to clinical thermometers which conform to the approved pattern (regulation 8); g provide for approved bodies to carry out EEC initial verification of clinical thermometers to determine whether a pattern approval is in force and whether they conform to it and to the requirements of the Directive (regulation 9(1) and (2)); h provide for a mark of EEC initial verification to be affixed to clinical thermometers which conform to the approved pattern and to the requirements of the Directive (regulation 9(3) and (4)); i restrict the making of applications for initial verification where an EEC limited pattern approval is subject to a condition limiting the number of clinical thermometers which may be submitted for initial verification (regulation 10); j prohibit the use for trade of clinical thermometers in respect of which EEC pattern approval has been revoked or has not been extended (regulation 11); k provide for the temporary prohibition of the sale or use of clinical thermometers in respect of which an EEC pattern approval is in force but which reveal in service a defect which makes them unsuitable for their intended use (regulation 12); l enable an inspector to obliterate EEC signs and marks in specified circumstances (regulation 13); m prohibit the unauthorised application of EEC signs and marks (regulation 14); n provide for powers of inspectors, obstruction of inspectors, offences by corporations and the institution of proceedings and specified penalties (regulations 15 to 19).

Read the full note and every offence in this instrument

Other offences in the same instrument

Where an EEC limited pattern approval is subject to a condition limiting the number of clinical thermometers…regulation 10
– 1 Where pattern approval for any clinical thermometer ceases to apply by reason of it having been revoked…regulation 11
Temporary prohibition of sale or useregulation 12(2)
Unauthorised application of EEC signs and marksregulation 14(1)
Unauthorised application of EEC signs and marksregulation 14(2)
Obstruction of inspectorsregulation 16(2)

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

This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
The Clinical Thermometers (EEC Requirements) Regulations 1993 Every offence this instrument creates, and its explanatory note
Food, consumer protection, trading standards, product safety and age-restricted salesOther offences on the same subject
Offences created in 1993