UK Offence Report

Contravention of The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995

the instrument as a whole of The Reporting of Injuries, Diseases and Dangerous Occurrences 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

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 This is the text as originally made; later amendments are not shown here.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

  1. Doing what the provision prohibits, or failing to do what it requires under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995.

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.

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
6 December 1995
In force from
1 April 1996
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 re-enact with modifications, in a consolidated form, the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1985 (S.I. 1985/2023), the Railways (Notice of Accidents) Order 1986 (S.I. 1986/2187), and certain provisions of the Offshore Installations (Inspectors and Casualties) Regulations 1973 (S.I. 1973/1842) and the Submarine Pipe-lines (Inspectors etc.) Regulations 1977 (S.I. 1977/835). The Regulations maintain a requirement that the responsible person (as defined in regulation 2(1)) must notify, and subsequently send a report to, the Health and Safety Executive or, as the case may be, the local authority of fatal and certain non-fatal accidents arising out of or in connection with work, of certain specified diseases contracted by persons at work and of certain specified dangerous occurrences. In addition to minor and drafting amendments, these Regulations make the following changes of substance— a the definition of accident (regulation 2(1)) includes acts of violence done to persons at work and acts of suicide on railways or other relevant transport systems; b the injuries reportable in respect of persons not at work are confined to deaths, those injuries which cause a person to be taken from the site of the accident to a hospital and major injuries arising out of or in connection with work at a hospital (regulation 3(1)(a), (c) and (d)). Accidents arising out of medical treatment by a doctor or dentist are excluded (regulation 10); c the list of dangerous occurrences which must be reported (Schedule 2) has been updated: it consists of general provisions as well as additional occurrences reportable in respect of mines, quarries, relevant transport systems and offshore workplaces; d the list of reportable diseases has been updated (regulation 5 and Schedule 2); e the report required to be sent to the Health and Safety Executive or, as the case may be, the local authority may be sent either on a form approved by the Executive or by some other means approved by the Executive (regulation 3(1)(ii) and 5(1)). This enables the Executive to approve the sending of reports by, for instance, telephone; f the persons responsible for the reporting of gas incidents include those approved under the Gas Safety (Installation and Use) Regulations 1994 (regulation 6(2)); g the Health and Safety Executive is given limited power to grant exemptions from requirements imposed by the Regulations (regulation 13); and h certain provisions of the Regulation of Railways Act 1871, the Railway Employment (Prevention of Accients) Act 1900 and the Transport and Works Act 1992 are repealed or amended (regulation 14). A copy of the compliance cost assessment prepared in respect of these Regulations can be obtained from the Health and Safety Executive, Rose Court, 2 Southwark Bridge, London SE1 9HS. A copy has been placed in the Library of each House of Parliament.

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.

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 0.80.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.80 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