UK Offence Report

Contravention of The Placing on the Market and Supervision of Transfers of Explosives Regulations 1993

the instrument as a whole of The Placing on the Market and Supervision of Transfers of Explosives 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The provision has been revoked and no saving provision preserving liability for earlier conduct was found.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 This is the text as originally made; later amendments are not shown here.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 Placing on the Market and Supervision of Transfers of Explosives 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 Manufacture and Storage of Explosives Regulations 2005
Made
4 November 1993
In force from
1 December 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.

(This note is not a part of the Regulations) These Regulations make provision with respect to the placing on the market and the supervision of transfers (defined in regulation 8) of explosives. They come into force as provided in regulation 1. The Regulations implement as respects Great Britain Council Directive 93/15/EEC on the harmonization of the provisions relating to the placing on the market and supervision of explosives for civil uses (OJ No. L121, 15.5.93, p. 20), so far as the Directive requires implementation by legislation, except for Article 10. The Regulations apply to all explosives as defined in regulation 2, subject to exceptions specified in regulation 3. Regulation 4 prohibits any person from placing any explosives on the market unless they satisfy essential safety requirements (set out in Schedule 1), have been subject to conformity attestation procedure in accordance with regulation 5, and have had the CE marking (described in Schedule 3) affixed to them in accordance with regulation 7. Regulation 6 makes provision in connection with the appointment by the Secretary of State of notified bodies for the purposes of the attestation procedure. Regulation 8 establishes a system for the supervision of transfers of explosives. Before any explosives are moved, apart from movement on the same site, the consignee must obtain a recipient competent authority document from the competent authority for the place within the European Communities where the transfer will terminate. There are provisions as to the keeping of records in connection with transfers in regulation 8(6) and Part II of Schedule 4. Regulation 9 and Schedule 2 make provision for enforcement. By virtue of regulation 8(8) transfers which are not in accordance with regulation 8 and which constitute importation will be prohibited. The Regulations extend to and in relation to premises and activities outside Great Britain in accordance with regulation 10. Regulation 11 empowers the Health and Safety Executive to grant exemptions from the Regulations subject to the conditions set out in that regulation. Provisions of the Explosives Act 1875 (c. 17) are modified as specified in Part I of Schedule 4. Orders in Council which have been replaced by these Regulations are revoked as specified in regulation 14.

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.

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 0.70.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.70 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