UK Offence Report

Amendment of the principal Regulations

regulation 3(c) of The Telecommunications Terminal Equipment (Amendment) 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

c for regulation 73(2) (as it was originally enacted and continues to have effect pursuant to regulation 8 of the Amendment and Extension Regulations in a case where the responsible person elects, pursuant to Article 14.2 of the CE Marking Directive, to affix the CE mark) there shall be substituted the following— 2 Any person who issues an EC declaration of conformity to type or an EC declaration of conformity— a in relation to applicable terminal equipment which does not satisfy the essential requirements or in respect of which the conformity assessment requirements have not been complied with; or b in contravention of regulation 36 or 48 above, shall be guilty of an offence. ; and

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 This is the text as originally made; later amendments are not shown here.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 3(c)?

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 the thing the provision prohibits under the Telecommunications Terminal Equipment (Amendment) Regulations 1995, whatever the reason for doing it.
  2. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated here: this instrument amends another one, and the penalty for the offence is in the instrument being amended.

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
Status not determined
Made
23 January 1995
In force from
30 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

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

These Regulations correct defects in the Telecommunications Terminal Equipment Regulations 1992 (S.I. 1992/2423: “the principal Regulations”), and errors and defects in the Telecommunications Terminal Equipment (Amendment and Extension) Regulations 1994 (S.I. 1994/3129: “the Amendment and Extension Regulations”). The principal changes are as follows— regulation 73(2) of the principal Regulations is amended, so that it is an offence to make an EC declaration of conformity to type or an EC declaration of conformity in circumstances where the terminal equipment does not comply with the essential requirements or the conformity assessment requirements have not been complied with. Regulation 73(2) has effect both where the CE mark is affixed during the transitional period set by Council Directive 93/68/EEC (“the CE Marking Directive”), and where the CE marking is affixed in accordance with that provision as substituted by regulation 7(c) of the Amendment and Extension Regulations. This amendment is in respect of both cases (regulation 3(c) and (d) respectively); the declaration of conformity which a manufacturer or his authorised representative must make in relation to receive-only satellite earth station equipment if he elects to conform with the Community internal production control procedure pursuant to point 1 of the Annex to Council Directive 93/97/EEC (“the Satellite Earth Station Equipment Directive”) is defined (regulation 4(c)): it is made clear that, in relation to satellite earth station equipment capable of terrestrial connection to the public telecommunications network but not intended to be so connected that the conformity assessment requirements (in Parts III, IV or IVA of the principal Regulations as extended to satellite earth station equipment) must be complied with as well as regulation 12 of the principal Regulations (regulation 4(d)); regulation 73(2) of the principal Regulations as extended to satellite earth station equipment is amended so far as to allow for proceedings to be brought where a person makes the declaration of conformity referred to in point (b) above where the equipment does not comply with the essential requirements or the conformity assessment requirements have not been complied with (regulation 4(e)); and regulation 49D of the principal Regulations as so extended is amended so that the declaration of conformity is required to be made (regulation 4(1)(iii)). The remaining provisions correct clerical errors.

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 0.92.

Basis
the provision says a person is “guilty of an offence”
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