What would breach SCHEDULE 2 of The Quarries Regulations 1999?

On these words an offence is committed where a person contravened that provision, as well as the persons mentioned in the said subsection (2). Doing the thing the provision prohibits under the Quarries Regulations 1999, whatever the reason for doing it. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

SCHEDULE 2

Q: Is SCHEDULE 2 of The Quarries Regulations 1999 a strict liability offence?

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.

SCHEDULE 2 of The Quarries Regulations 1999

Status not determined
Strict liability
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

Section 152 In subsection (3), the words— and in the event of
a contravention, in relation to
a quarry, by
a person other than one mentioned in subsection (2) of this section, of such
a provision as is mentioned in paragraph (a) of that subsection, or such
a requirement or prohibition as is mentioned in paragraph (d) of that subsection, whereby there is expressly imposed on that person or on persons of
a class to which he belongs
a duty or requirement or he or persons of
a class to which he belongs or all persons are expressly prohibited from doing
a specified act, the person who contravened that provision, as well as the persons mentioned in the said subsection (2), shall be guilty of an offence shall be omitted.

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 This is the text as originally made; later amendments are not shown here.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

On these words an offence is committed where a person contravened that provision, as well as the persons mentioned in the said subsection (2).
Doing the thing the provision prohibits under the Quarries Regulations 1999, whatever the reason for doing it.
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 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.

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: 12 July 1999
In force from: Not determined
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 impose requirements with respect to health and safety in quarries, as defined at regulation 3, and supersede certain provisions formerly imposed by or under the Mines and Quarries Act 1954, the Mines and Quarries (Tips) Act 1969 and in certain other health and safety regulations. The Regulations give effect in relation to quarries to Council Directive 92/104/EEC (OJ No. L404, 31.12.92, p.10) concerning minimum requirements for improving the health and safety protection of workers in surface and underground mineral extracting industries with respect to— Articles 3.1(a), (b), (c), (d), and (f), 3.2 and 3.3, 4 (except in relation to general fire precautions), 5 to 7 and 8.2; in Part A of the Annex, Points 1.1.3, 1.2 to 1.6, 1.8, 1.9, 3.1, 4.1 to 4.3, Section 5, Point 6.6, Section 8, Point 9.1, Sections 10 and 11, Point 13.4, Section 15, and Point 16.1; in Part B of the Annex, Sections 1 and 2. The Regulations apply to all quarries where persons work and impose duties on the operator (as defined at regulation 2(1)) with respect to persons at or in the area immediately surrounding the quarry (regulation 7(1)). A duty to ensure the suitability of the operator and to keep specified records is placed on the person entitled to work a quarry (regulation 5). The Regulations— impose a duty on the operator to take the measures necessary to ensure, so far as is reasonably practicable, that the quarry can be worked without risks to health and safety (regulation 6); impose duties on the operator with respect to preparing a health and safety document and establishing a management structure (regulations 7 and 8); require the operator to ensure that workers are competent (as defined at regulation 2(1)), that rules designed to secure health and safety are in place and to review health and safety measures on a regular basis (regulations 9, 10 and 11); in Part III, which relates to risk control, require the operator to— prepare a written scheme for the systematic inspection of the quarry, buildings and plant (regulation 12), ensure, so far as is reasonably practicable, the safety of benches and haul roads and to make vehicles rules (regulations 13 and 14), ensure that there are adequate escape and rescue facilities and, where appropriate, place a barrier around the quarry (regulations 15 and 16); in Part IV, require the operator to— ensure a permit to work system is in place and that regular safety drills are held (regulations 18 and 19), control the risk of explosions or fires and harmful or explosive atmospheres (regulations 20 and 21), take specified safety measures regarding danger areas and ensure that adequate emergency lighting is provided (regulations 22 and 23); in Part V, which applies to the storage, transport and use of explosives— require the operator to ensure the safe storage, transport and use of explosives; appoint an Explosives Supervisor; ensure that suitable shotfiring rules and specifications are drawn up and followed; that explosives workers are competent, that appropriate facilities and equipment are provided and that explosives are stored safely (regulation 25), require the operator to ensure that shotfiring operations and trainee shotfirers are closely supervised and that records of appointment are made (regulation 26), impose duties on the shotfirer (regulation 27), require the operator to take specified steps in relation to misfires and prohibit specified activities in relation to explosives (regulations 28 and 29); in Part VI, which relates to excavations and tips (both as defined at regulation 2(1)), require the operator to— ensure that excavations and tips are designed, constructed, operated and maintained so as to ensure health and safety and that excavations and tips rules are made (regulations 30 and 31), ensure that all proposed or existing excavations or tips are appraised by a competent person and, where required by regulation 32, subjected to a geotechnical assessment as defined at regulation 33; that specified records are made and that remedial work is undertaken (regulations 32 and 33), ensure that excavations and tips are subject to further geotechnical assessments at specified intervals and in specified circumstances (regulations 34 and 35), ensure that records of substances tipped at notifiable tips (as defined at regulation 34) are kept and give notice to the Executive with respect to specified tips and excavations (regulations 36 and 37); contain a transitional provision (regulation 38); in Part VII— require employers of persons at work at the quarry to co-operate with the operator with respect to health and safety and require the operator to make arrangements to facilitate co-operation with persons at work at the quarry in promoting health and safety, including the appointment of a committee with powers of inspection (regulations 39 and 40), prohibit employers from employing persons to work at the quarry unless there is an operator; impose duties on employers with respect to the relevant statutory provisions and health surveillance and impose duties on persons at work at the quarry (regulations 41, 42 and 43); in Parts VIII and IX— impose duties on the operator with respect to record keeping and notification (regulations 44 and 45), provide that the Executive may grant exemptions from any requirement or prohibition of the Regulations in specified circumstances (regulation 46), repeal certain provisions of the Mines and Quarries Act 1954 and modify certain provisions of that Act, the Factories Act 1961 and the Mines and Quarries (Tips) Act 1969 (regulation 47), and revoke and modify specified instruments (regulation 48). A copy of the regulatory impact assessment prepared in respect of these Regulations can be obtained from the Health and Safety Executive, Safety Policy Division, Branch C2, 4SW, Rose Court, 2 Southwark Bridge, London SW1 9HS. Copies have been placed in the library of each House of Parliament.

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 0.92.

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

This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
The Quarries Regulations 1999 Every offence this instrument creates, and its explanatory note
Health and safety, environment, waste and fisheriesOther offences on the same subject
Offences created in 1999