UK Offence Report

1 It is an offence for a person to do anything for which a licence is required to be held by him under these…

regulation 16(1) of The Adventure Activities Licensing Regulations 1996

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

1 It is an offence for

a person to do anything for which

a licence is required to be held by him under these Regulations otherwise than in accordance with such

a licence.

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 This is the text as originally made; later amendments are not shown here.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
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 16(1)?

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 it is an offence to do anything for which a licence is required to be held by him under these Regulations otherwise than in accordance with such a licence.
  2. Doing what the provision prohibits, or failing to do what it requires under the Adventure Activities Licensing Regulations 1996.

Penalty

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

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

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
18 March 1996
In force from
16 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 provide for the licensing of persons in respect of the provision of facilities for adventure activities. “Facilities for adventure activities” is defined in regulation 2; subject to certain exceptions they are facilities which consist of or include some element of instruction or leadership to persons under the age of 18 in connection with their engagement in an adventure activity. An “adventure activity” is caving, climbing, trekking or watersports (all of which are themselves defined in regulation 2). These regulations come into force on 16th April 1996 but under transitional provisions in regulation 19 a person is not required to hold a licence before 1st August 1996. Regulation 3 prescribes the persons who are required to hold a licence; subject to the exceptions contained in paragraph (2) a person is required to hold a licence if he provides facilities for adventure activities in return for payment or (under certain circumstances) if the provider is a local authority. Under certain circumstances a separate licence is required in respect of each activity centre if facilities are provided at or from more than one activity centre. Regulations 4–7 provide for application for licences, the licensing authority’s consideration of licences, the grant of licences and the conditions to be attached to licences. Regulation 8 provides for the cases where the licensing authority may vary or revoke a licence. Regulation 9 places a duty on the licensing authority to consider and, if necessary, investigate any complaint relating to the provision of facilities for adventure activities by licence-holders. Regulation 10 makes provision for certain functions of the licensing authority to be exercised by suitably experienced or qualified persons. Regulation 11 makes provision for the licensing authority to keep a register of licences which is to be open to public inspection. Regulation 14 makes provision for appeals to the Secretary of State against the refusal of a licence and against the imposition of certain conditions, the revocation or variation of a licence or the refusal to vary a licence. Regulation 15 provides that if after 1st October 1997 an application for a licence has been made but no decision has been taken after three months no licence is needed until the decision has been taken and for the continuation of a licence under certain circumstances where an application has been made for a renewal of the licence. Regulation 16 provides for offences; it is an offence to do anything for which a licence is required otherwise than in accordance with the licence; it is also an offence to make certain false statements for the purpose of obtaining or holding a licence. Regulation 17 applies certain provisions of the Health and Safety at Work etc. Act 1974 for the purpose of providing for enforcement of these Regulations. Regulation 18 provides for the licensing authority to make an annual report. Regulation 19 contains transitional provisions; under certain circumstances a licence is not required until 1st October 1997 or 3 months after the date of the application for the licence whichever is the later. Schedule 1 provides for fees payable by applicants for licences and for variation of licences. Schedule 2 prescribes the procedure to be followed where the licensing authority expresses to any person any opinion as to remedial action which should be taken and the procedure to be followed before the licensing authority refuses to grant or vary, imposes certain conditions on, or revokes a licence. 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.

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