UK Offence Report

Offences and penalties

regulation 15(2) of The Civil Aviation (Air Travel Organisers' Licensing) Regulations 1995

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 A person who contravenes the provisions of regulations 3, 4 or 14 shall be guilty of an offence and shall be liable on summary conviction to a fine of an amount not exceeding the statutory maximum or on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years or both.

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 This is the text as originally made; later amendments are not shown here.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
contravening a requirement of the instrument
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

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.

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

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach regulation 15(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. On these words an offence is committed where a person contravenes the provisions of regulations 3, 4 or 14.
  2. Doing the thing the provision prohibits under the Civil Aviation (Air Travel Organisers' Licensing) Regulations 1995, whatever the reason for doing it.
  3. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£1,000
Standard scale
Level 3
Maximum prison (summary)
Not determined
Maximum prison (on indictment)
2 years

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
10 April 1995
In force from
10 May 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

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations revoke and replace the Civil Aviation (Air Travel Organisers' Licensing) Regulations 1972, as amended. In addition to some minor and drafting amendments the following changes are made: 1 The only categories of person who may, in the United Kingdom, make available flight accommodation, and hold themselves out as being entitled to do so, are set out in regulation 3. Those categories have been extended to include any person who is capable of supplying a valid ticket for the relevant flight and who, before accepting any payment, supplies such a ticket (regulation 3). 2 All persons holding themselves out as being entitled to make available flight accommodation are required to disclose the capacity in which they are so entitled and if acting as agent for the holder of an Air Travel Organiser’s Licence to identify their principal (regulation 3). 3 New provisions relating to the acceptance of payment and provision of receipts have been introduced (regulation 4). The contravention of those requirements is an offence in respect of which the penalties are set out in regulation 15(2). 4 Regulation 9(1)(b) of the 1972 Regulations (which provided that on the transfer of the business, or the relevant part thereof, of an ATOL holder, the licence would in the circumstances specified be treated as if it had been granted to the transferee) has been omitted. 5 The fine payable on summary conviction for failing to surrender a licence when requested to do so by the Authority pursuant to regulation 13 has been increased to an amount not exceeding Level 3 on the standard scale (regulation 15(1)). 6 The fine payable on summary conviction for contravening regulations 3 (see above) and 14 (failure to comply with the terms of a licence and furnishing false information) has been increased to an amount not exceeding the statutory maximum (regulation 15(2)).

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.

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 0.92.

Basis
the provision says a person is “guilty of an offence”; the provision states liability on summary conviction; the provision states a penalty in older drafting
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