UK Offence Report

2 It is an offence for a person to make a statement which he knows to be false or misleading in a material…

regulation 18(2) of The Transfrontier Shipment of Radioactive Waste Regulations 1993

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

2 It is an offence for

a person to make

a statement which he knows to be false or misleading in

a material particular, or recklessly to make

a statement which is false or misleading in

a material particular, where the statement is made—

a in purported compliance with

a requirement to furnish any information imposed by or under any provision of these Regulations; or

b for the purpose of obtaining the grant under these Regulations of any authorisation or approval to, or for the benefit of, himself or any other person.

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 This is the text as originally made; later amendments are not shown here.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
making a false or misleading statement
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 (for the purpose of obtaining, recklessly).

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: recklessly, for the purpose of obtaining.

What would breach regulation 18(2)?

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. Entering a figure on a form or return that is known to be wrong under the Transfrontier Shipment of Radioactive Waste Regulations 1993.
  2. Leaving out something the form asks for, where the omission is what makes the answer misleading.
  3. Producing a document to an official that has been altered since it was issued.

Penalty

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

expressed as the statutory maximum (the prescribed sum): the same words mean £5,000 in England and Wales and £10,000 in Scotland.

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 Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008 (revoked)
Revoked on
25 December 2008
Made
2 December 1993
In force from
1 January 1994
Extent
E+W+S+NI

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 extend to the United Kingdom, implement Council Directive 92/3/Euratom on the supervision and control of shipments of radioactive waste between Member States and into and out of the Community (“the Directive”).The Regulations provide for a system of authorisation and approval for the shipment of radioactive waste. Regulations 6 and 10 prohibit shipment of radioactive waste from, to or through the United Kingdom except under an authorisation granted by the chief inspector designated for the purpose (being one of the chief inspectors appointed under section 4 of the Radioactive Substances Act 1993) or, where the authorisation is to be granted by the competent authorities of another Member State, except in accordance with both such an authorisation and an approval for transit given by the chief inspector. Regulations 7 and 11 provide for the granting of authorisations, and the giving of approvals, by the chief inspector, regulation 16 confers power upon the Secretary of State to give directions as to how individual applications for such authorisations or approvals are to be dealt with, and regulation 17 provides for appeals from decisions of the chief inspector. Regulation 8(1) restricts the authorisation of shipments to certain destinations and third countries, and regulation 8(3) prevents the authorisation of shipments from outside the Community to a destination in the United Kingdom where the sender has not agreed to take back the waste in the event of either the shipment not being completed or the terms of the authorisation being breached.Where waste is being exported from the United Kingdom, regulation 8(2) obliges the sender to take the waste back in certain circumstances, and regulation 14 requires the chief inspector to enforce such obligations. Regulations 12 and 13 relate to reshipment operations. Regulation 15 requires any shipment of radioactive waste whilst within the United Kingdom to be accompanied by the necessary approvals and authorisations required by these Regulations or the Directive, and provides for the consignee of a shipment to the United Kingdom to advise the chief inspector of receipt of the shipment.In the case of a shipment to a country outside the Community which began in, or entered the Community via, the United Kingdom, regulation 9(2) requires the responsible person in the United kingdom to inform the chief inspector of the arrival of the shipment at its destination. Regulation 18 provides for offences. Forms for applications required by these Regulations can be obtained from Her Majesty’s Inspectorate of Pollution, (The Transfrontier Shipment of Radioactive Waste Regulations 1993), Romney House, 43 Marsham Street, London SW1P 3EB or Her Majesty’s Industrial Pollution Inspectorate, Scottish Office Environment Department, 27 Perth Street, Edinburgh EH3 5RB or Radiochemical and Alkali Inspectorate, Department of the Environment for Northern Ireland, Calvert House, 23 Castle Place, Belfast BT1 1FY.

Read the full note and every offence in this instrument

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 0.90.

Basis
the provision says “it is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.90 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