Contravention of The Chemicals (Hazard Information and Packaging for Supply) Regulations 1994

the instrument as a whole of The Chemicals (Hazard Information and Packaging for Supply) Regulations 1994

Status not determined
Strict liability
Set by another provision
Health and safety, environment, waste and fisheries

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

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 This is the text as originally made; later amendments are not shown here.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.

Doing what the provision prohibits, or failing to do what it requires under the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994.

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.

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.
Environmental offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales · in force from 1 July 2014
Covers unauthorised or harmful deposit, treatment or disposal of waste, illegal discharges to air, land and water, and the equivalent offences committed by organisations. It is the guideline that introduced turnover bands for corporate fines, so the size of the defendant company is a starting point rather than a mitigating detail.
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: Status not determined
Made: 20 December 1994
In force from: 31 January 1995
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

These Regulations revoke and re-enact with amendments the Chemicals (Hazard Information and Packaging) Regulations 1993 (S.I. 1993/1746) (“the 1993 Regulations”). The 1993 Regulations were substantially amended by the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994 (S.I. 1994/669) which revoked those parts of the 1993 Regulations which regulated the classification, packaging and labelling for carriage by road of substances dangerous for carriage. By virtue of the amendments to the European Communities Act 1972 (c. 68) made by the European Economic Area Act 1993 (c. 51), these Regulations make provisions relating to the European Economic Area as defined in regulation 2(1) of these Regulations. Like the 1993 Regulations, these Regulations, as respects Great Britain, implement— Council Directive 92/32/EEC (OJ No. L 154, 5.6.92, p. 1) amending for the 7th time Council Directive 67/548/EEC (OJ No. 196, 16.8.67, p. 1 (OJ/SE 1967 p. 234), in so far as its provisions relate to the classification, packaging and labelling of dangerous substances (“the substances Directive”); and Council Directive 88/379/EEC (OJ No L 187, 16.7.88 p. 14) on the classification, packaging and labelling of dangerous preparations (“the preparations Directive”). These Regulations also implement the Directives referred to below which adapt to technical progress and modify the substances Directive and the preparations Directive. These Directives are— Commission Directive 90/35/EEC (OJ No. L 19, 24.1.90, p. 14) definition of the categories of preparations to which Article 6 of the preparations Directive applies; Commission Directive 91/410/EEC (OJ No. L 228, 17.8.91, p. 67) 14th adaptation to technical progress of the substances Directive; Commission Directive 91/442/EEC (OJ No. L 238, 27.8.91, p. 25) definition of further preparations the packaging of which must be fitted with child resistant fastenings; Commission Directive 92/37/EEC (OJ No. L 154, 5.6.92, p. 30) 16th adaptation to technical progress of the substances Directive; Commission Directive 93/18/EEC (OJ No. L 104, 29.4.93, p. 46) 3rd adaptation to technical progress of the preparations Directive; Commission Directive 93/21/EEC (OJ No. L 110, 4.5.93, p. 20) 18th adaptation to technical progress of the fisubstances Directive; Commission Directive 93/72/EEC (OJ No. L 258, 16.10.93, p. 29) 19th adaptation to technical progress of the substances Directive; Commission Directive 93/101/EC (OJ No. L 13, 15.1.94, p. 1) 20th adaptation to technical progress of the substances Directive; and Commission Directive 93/112/EC (OJ No. L 314, 16.12.93, p. 38) amendment to the safety data sheets Directive (Commission Directive 91/155/EEC, OJ No. L 76, 22.3.91, p. 39). The terms and expressions used in the Regulations are defined in regulation 2 and the scope of the Regulations is described in regulation 3. Regulation 4 defines and describes the approved supply list which has been approved by the Health and Safety Commission for the purposes of classifying substances and preparations dangerous for supply. Regulation 5 describes the procedures for classifying substances and preparations dangerous for supply and regulation 6 describes the safety data sheets which (with certain exceptions) are required to be provided when dangerous substances or preparations are supplied. Regulation 7 requires that advertisements for substances which are dangerous for supply must refer to the hazards presented by the substance. Regulation 8 imposes requirements relating to the packaging of substances and preparations dangerous for supply and regulation 9 imposes requirements in respect of the particulars that must be shown on the labels for such substances and preparations. Special labelling requirements for certain preparations are imposed in regulation 10 and regulation 11 imposes requirements in respect of the methods of marking and labelling substances and preparations dangerous for supply. Regulation 12 requires that the packaging of certain substances and preparations be provided with child resistant fastenings or tactile warning devices or both, and sets out the standards to which they must conform. The Regulations also require a person who classifies a substance or preparation dangerous for supply to retain the data used for the classification for at least 3 years after the substance or preparation was last supplied (regulation 13), and for certain data relating to preparations dangerous for supply to be notified to a poisons advisory centre approved by the Secretary of State for Health (regulation 14). The Regulations make provision for exemptions to be granted by the Health and Safety Executive in certain circumstances (regulation 15) and for their enforcement (regulation 16). Regulation 16 also provides for a defence in specific circumstances in the case of contravention of the Regulations and for civil liability. Transitional provisions are set out in regulation 17 and provision is made in regulation 18 to extend the application of the Regulations outside Great Britain. Revocations and modifications are set out in regulation 19. Copies of the publications referred to in the Regulations are obtainable as follows— the approved supply list (ISBN 0 7176 0858 1), the approved classification and labelling guide (ISBN 0 7176 0860 3), from HSE Books, PO Box 1999, Sudbury, Suffolk CO10 6FS; Dillons; Ryman the Stationer; and any good bookseller. the British and International Standards referred to in Part III of Schedule 1 (relating to the determination of flash point), regulation 12 and Schedule 7 (relating to child resistant fastenings and tactile warning devices) 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

This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
The Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 Every offence this instrument creates, and its explanatory note
Health and safety, environment, waste and fisheriesOther offences on the same subject
Offences created in 1994