UK Offence Report

Contravention of The Local Authorities' Traffic Orders (Procedure) (Scotland) Regulations 1999

the instrument as a whole of The Local Authorities' Traffic Orders (Procedure) (Scotland) Regulations 1999

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 sections

5 and 17(4) of the Road Traffic Regulation Act 1984. 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 This is the text as originally made; later amendments are not shown here.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 Local Authorities' Traffic Orders (Procedure) (Scotland) 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 sections 5 and 17(4) of the Road Traffic Regulation Act 1984.

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
1 March 1999
In force from
1 April 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 prescribe the procedure to be followed by local traffic authorities in Scotland for making the main types of traffic and parking orders under the Road Traffic Regulation Act 1984. The Regulations replace with significant modifications the Local Roads Authorities' Traffic Orders (Procedure) (Scotland) Regulations 1987. The main changes are referred to below. Regulation 4 (consultation) now sets out in tabular form those organisations which the local traffic authority are required to consult with and in what circumstances. These organisations include the operators on local bus services, the chief officer of the appropriate NHS trust, the Freight Transport Association, the Road Haulage Association and any other organisation likely to be affected by any provision of the order as the local traffic authority thinks appropriate. Regulation 5 (publication of proposals) lays down the requirement for publishing proposals. Publicity in the Edinburgh Gazette in addition to an advert in a local newspaper is now at the discretion of the local traffic authority. The circumstances in which an authority must hold a public hearing for orders which restrict loading have been modified (regulation 8) and a public hearing no longer needs to be advertised in the Edinburgh Gazette, neither is there a requirement to display notice of the hearing in affected roads (regulation 9). Regulation 16 (date of order) places a time limit on the making of an order of 2 years from the date on which the notice of proposals was first published. Regulation 17 (notice of making the order) drops the requirement to advertise the notice of making of the order in the Edinburgh Gazette unless the local traffic authority consider it necessary to do so. Regulation 18 (making an order in part) allows a local traffic authority to make an order in part and makes provision as to how the remainder of the order may be dealt with. Regulations 19 and 20 make provision for certain orders which are subject to a shortened procedure. Schedule 6 details certain of the orders which are subject to this shortened procedure. Schedules 1 to 3 contain particulars of the details to be included in the press notices of an order, of the requirements as to the display of an order in the road itself and of the requirements about making documents relating to an order available for public inspection. Schedule 4 lists the documents which must accompany an application for the Secretary of State’s consent. Schedule 5 details the requirements for the relevant map.

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 0.69.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.69 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