UK Offence Report

Contravention of The Health and Safety (Fees) Regulations 2001

the instrument as a whole of The Health and Safety (Fees) Regulations 2001

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

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 This is the text as originally made; later amendments are not shown here.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 Health and Safety (Fees) Regulations 2001.

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
Revoked
Revoked by
The Health and Safety (Fees) Regulations 2002
Revoked on
2 April 2002
Made
19 July 2001
In force from
20 August 2001
Extent
Not stated

How this was established: the instrument was revoked by a later instrument found in this corpus.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations update and replace the Health and Safety (Fees) Regulations 2000 (S.I. 2000/2482 as amended by S.I. 2000/2688 and 2000/2831). They fix or determine the fees payable by an applicant to the Health and Safety Executive in respect of an application made for— an approval under mines and quarries legislation (regulation 2 and Schedule 1); an approval of certain respiratory protective equipment (regulation 3 and Schedule 2); an approval of plant or equipment under the Agriculture (Tractor Cabs) Regulations 1974 (regulation 4 and Schedule 3); an approval of a scheme or programme under the Freight Containers (Safety Convention) Regulations 1984 (regulation 5 and Schedule 4); a licence under the Asbestos (Licensing) Regulations 1983 (regulation 6 and Schedule 5); an approval of dosimetry services or type approval of apparatus under the Ionising Radiations Regulations 1999 (regulation 9 and Schedule 8); an approval, authorisation or licence etc. under the Explosives Act 1875 and certain instruments thereunder, for a licence under the Petroleum (Consolidation) Act 1928 or for the classification of an article, substance, combination or unit load under the Classification and Labelling of Explosives Regulations 1983 (regulation 10 and Schedule 9); an explosives licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987 (regulation 12 and Schedule 10); an approval under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 (regulation 14 and Schedule 12); an approval under the Health and Safety (First-Aid) Regulations 1981 (regulation 23 and Schedule 19); and in respect of— a vocational training certificate under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 (regulation 13 and Schedule 11); a vocational training certifcate undert the Transport of Dangerous Goods (Safety Advisers) Regulations 1999 (regulation 15 and Schedule 13); a notification or application under the Genetically Modified Organisms (Contained Use) Regulations 2000 (regulation 17 and Schedule 14); a notification or application under the Notification of New Substances Regulations 1993 (regulation 18 and Schedule 15). The Regulations fix or determine the fees payable by specified persons in the offshore rail and gas industries for the performance by the Executive of the functions specified in those provisions (regulations 19 to 22 and Schedules 16 to 18). The Regulations update fees to be paid in respect of medical examinations and surveillance by an employment medical adviser which are required under certain of the relevant statutory provisions (regulations 7 and 8 and Schedules 6 and 7). The Regulations update maximum fees which may be charged under the Explosives Act 1875, the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936 (regulation 10(2) and Schedule 9, Part II). The increase in the fees referred to under Parts I, III and IV of Schedule 9 relating to applications for a factory or magazine licence, any amendment to such a licence, the original approval of premises in which acetylene is to be manufactured or kept, any amendment to such an approval, the original approval of premises in which acetylene is compressed and any amendment to such an approval, includes an amount for the reasonable cost of travelling and subsistence by members of the Executive’s staff in connection with an inspection of the relevant premises. There is no longer any separate provision relating to payment of such travelling and subsistence costs. The fee to be paid under regulation 15 and Schedule 13 (vocational training certificates under the Transport of Dangerous Goods (Safety Advisers) Regulations 1999) is no longer of a fixed amount, but is now to be the reasonable cost to the Secretary of State or the person designated by him for the purpose of issuing vocational training certificates of having the work carried out. The former rebate system in respect of notifications under the Notification of New Substances Regulations 1993, whereby an amount of rebate was paid where an adequate draft risk assessment was included, is replaced by one whereby an additional fee is to be paid if the risk assessment is not adequate in the opinion of the Executive (regulation 18 and Schedule 15). The new fees compared with those fixed by or determined under the previous fee-charging provisions are as follows: where surveillance is confined to examination of, and making entries in, records in other cases for laboratory tests where these are carried out for a clinical medical examination where this is carried out Bio-assay or in-vivo monitoring or air sampling for each additional technique quantity of the new substance equal to or more than 100 kg (regulation 6(1)) quantity of the new substance up to 100 kg (regulation 6(2))

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 0.63.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.63 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