UK Offence Report

Offences in relation to the notification of information about existing substances

regulation 7(2) of The Notification of Existing Substances (Enforcement) Regulations 1994

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

2 Where an inspector, under regulations 4 and 5 above, or a health and safety inspector, under sections 20 and 21 of the 1974 Act, exercises his powers for the purposes of enforcing the Council Regulation, it shall be an offence for a person— a to fail to comply with or contravene any requirement imposed by an enforcement notice served under regulation 5 above or with an improvement notice served under section 21 of the 1974 Act including any such notice as modified on appeal; b without reasonable excuse to fail to comply with any requirement imposed under regulation 4 above or under section 20 of the 1974 Act; c to prevent any other person from appearing before or from answering any question to which an inspector, by virtue of regulation 4 above, or a health and safety inspector, by virtue of section 20 of the 1974 Act, may require an answer; d intentionally to obstruct an inspector or a health and safety inspector in the exercise or performance of his powers or duties under regulation 4 above or section 20 of the 1974 Act; e to fail to comply with an order made by a court under regulation 8 below.

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 This is the text as originally made; later amendments are not shown here.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
obstructing an official exercising a power
Fault element
Requires proof of a state of mind
Burden of proof
An element of the offence, for the prosecution to prove

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

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: mens rea word in the offence-creating words: intentionally; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

1974 Act including any such notice as modified on appeal; b without reasonable excuse to fail to comply with any requirement imposed under regulation 4 above or under section 20 of the 1974 Act; c to prevent any other person from appearing before or from answering any question to which an inspector, by virtue of regulation 4 above, or a health

What would breach regulation 7(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. Refusing to let an inspector onto premises they are entitled to enter under the Notification of Existing Substances (Enforcement) Regulations 1994.
  2. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  3. Physically blocking an examination, or removing something an officer has said they intend to inspect.

Penalty

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

this is the level 5 value when the instrument came into force (1994-07-29); 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
30 June 1994
In force from
29 July 1994
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 full effect in England, Wales and Scotland to Council Regulation (EEC) No. 793/93 (OJ No. L84, 5.4.93, p.1) on the evaluation and control of the risks of existing substances. The Health and Safety Executive and the Secretary of State for the Environment are designated as the joint competent authority for the purposes of Article 13 of the Council Regulation (regulation 2). Regulations 3 to 12 establish an enforcement regime for the Council Regulation. Regulation 3 enables the Health and Safety Executive to exercise its enforcement powers under the Health and Safety at Work etc. Act 1974 for the purposes of enforcing the Council Regulation. Regulations 4 to 6 set out the equivalent enforcement powers of the chief inspectors. These enforcement powers extend only to existing substances which are or have been manufactured or located in premises in relation to which the chief inspectors already exercise enforcement powers under section 17 of the Environmental Protection Act 1990 (regulation 4(1)). Regulation 7(1) creates criminal offences in respect of failing to comply with the provisions of the Council Regulation. Regulation 7(2) creates offences in respect of failing to comply with the enforcement powers of the Executive or of the chief inspectors. The Regulations also make provision for a court to order that certain matters be remedied (regulation 8), regarding the commission of offences by corporations (regulation 9), for the prosecution of offences due to the fault of another person (regulation 10), regarding the service of notices (regulation 11) and regarding the application of the Regulations to the Crown (regulation 12).

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