UK Offence Report

Contravention of The Transportable Pressure Vessels Regulations 2001

the instrument as a whole of The Transportable Pressure Vessels Regulations 2001 (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 This is the text as originally made; later amendments are not shown here.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
selling or supplying something the instrument restricts
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. Selling the goods under the Transportable Pressure Vessels Regulations 2001 where the instrument prohibits the sale outright.
  2. Supplying without carrying out a check the instrument requires first, even where the sale would otherwise be lawful.
  3. Offering for sale counts as well as selling: displaying stock is enough where the provision reaches an offer.

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
9 April 2001
In force from
1 May 2001
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 as regards Great Britain Council Directive 1999/36/EC of 29 April 1999 (OJ No. L 138, 1.6.1999, p. 20) on transportable pressure equipment. The principal provisions are as follows. Regulation 3 and Schedule 1 provide for the application of these Regulations. Regulation 4 sets out requirements relating to the placing on the market and use at work of transportable pressure vessels. Regulation 5 provides for different requirements in respect of transportable pressure vessels which are placed on the market or used at work exclusively within Great Britain. (The terms “placing on the market” and “transportable pressure vessel” are defined in regulation 2(1).) Regulation 6 permits the reassessment for conformity of transportable pressure vessels manufactured prior to 1st July 2003 which do not bear the conformity marking. In such cases similar requirements apply to those contained in regulation 4. Regulation 7 requires the owner of a transportable pressure vessel to ensure that periodic inspections of that vessel are carried out in accordance with the procedures in Schedule 6. Regulations 8 and 9 define, respectively, a notified body and an approved body in terms of the procedures which that body has been appointed to undertake. Such bodies must be appointed by the Health and Safety Executive (regulation 10) or by another member State. Regulation 11 sets out provisions relating to the conformity marking. Provision is made for the charging of fees (regulation 12) and for a limited defence where the commission of an offence was due to the act or default of another person, not being the employee of the person charged (regulation 13). Copies of relevant documents may be obtained as follows— the current edition of the European Agreement concerning the International Carriage of Dangerous Goods by Road (“ADR”) Current edition (2001): ISBN 92 1 1390699 and the Convention concerning International Carriage by Rail (“COTIF”) [Cmnd 5897] from Her Majesty’s Stationery Office; the current edition of the International Maritime Dangerous Goods Code [Volumes I to IV ISBN 92 801 5090 1; Supplement ISBN 92 801 5093 6] may be obtained from the International Maritime Organization, 4 Albert Embankment, London SE1 7SR; the current edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air and Supplement 2001-2002 Doc 9284-AN/905 may be obtained from the Civil Aviation Authority, Printing and Publishing Services, Greville House, 37 Gratton Road, Cheltenham, Gloucestershire, GL50 2BN; and EN standards from BSI Standards, 389 Chiswick High Road, London, W4 4AL. A copy of the regulatory impact assessment prepared in respect of these Regulations may be obtained from the Economic Adviser’s Unit, Health and Safety Executive, 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