UK Offence Report

Contravention of The Transport of Dangerous Goods (Safety Advisers) Regulations 1999

the instrument as a whole of The Transport of Dangerous Goods (Safety Advisers) Regulations 1999 (revoked)

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 This is the text as originally made; later amendments are not shown here.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 Transport of Dangerous Goods (Safety Advisers) Regulations 1999.

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
4 February 1999
In force from
1 March 1999
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 implement Council Directive 96/35/EC on the appointment and vocational qualification of safety advisers for the transport of dangerous goods by road, rail and inland waterway (OJ No. L 145, 19.6.96, p. 10). Terms and expressions used in the Regulations are defined in regulation 2; references in the Regulations to the transport of dangerous goods are references to the transport, the related loading or the related unloading of those goods. The scope of the Regulations is defined in regulation 3 and Schedule 1; the Regulations apply to a self-employed person as they apply to an employer. The Regulations— prohibit the transport of dangerous goods by road, railway and inland waterway by an employer unless he has appointed a safety adviser (regulation 4(1)); require an employer to make arrangements for ensuring adequate co-operation between the safety advisers he appoints, impose requirements with respect to the number of advisers to be appointed and ensuring any such adviser has adequate time and means to fulfil his functions and duties, and require an employer to provide any adviser with adequate information and facilities to perform his functions and duties (regulations 4(2) to (7)); require a safety adviser to have the functions necessary to advise the employer who appointed him as to health, safety and environmental matters in connection with the transport of dangerous goods, to include specified functions (including the preparation of annual reports) (regulation 5(1) and Schedule 2); require a safety adviser to prepare a report on specified accidents (regulation 5(2)); require the keeping of reports (regulation 6); prohibit the appointment of an individual as a safety adviser unless he holds a vocational training certificate appropriate to the modes of transport used by the employer and to all dangerous goods or one or more of the groups of dangerous goods specified and transported by the employer, and impose ancillary requirements with regard to the issue, form, validity and renewal of such certificates (regulation 7 and Schedules 3 and 4); provide for the mutual recognition of vocational training certificates issued in other member States of the Community or in Northern Ireland (regulation 8); impose requirements to provide the Secretary of State or any goods vehicle examiner on request with the name of any safety adviser, a copy of any accident and annual reports, and any vocational training certificate (regulation 9); provide that the Executive and the Secretary of State for Defence may grant exemptions from any requirement or prohibition of the Regulations in specified circumstances (regulation 10); make minor amendments to the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 (S.I. 1996/2092), the Carriage of Dangerous Goods by Road Regulations 1996 (S.I. 1996/2095) and the Carriage of Explosives by Road Regulations 1996 (S.I. 1996/2093) (regulations 11 to 13); and provide, by amendment of the Health and Safety (Fees) Regulations 1997 (S.I. 1997/2505) for the payment of fees for the issue of vocational training certificates (regulation 14 and Schedule 5). Copies of the Approved Carriage List (ISBN 0-7176-1223-6) are available from HSE Books, PO Box 1999, Sudbury, Suffolk, CO10 6FS; Dillons; Rymans the Stationer; and good booksellers. A copy of the cost benefit assessment prepared in respect of these Regulations can be obtained from the Health and Safety Executive, Economic Advisers Unit, Rose Court, 2 Southwark Bridge, London SE1 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 0.70.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.70 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