UK Offence Report

Offences as to obstruction of an authorised person

regulation 20 of The Goods Vehicles (Enforcement Powers) Regulations 2001

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

20 Where a person intentionally obstructs an authorised person in the exercise of his powers under regulation 3 or 8, he is guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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 This is the text as originally made; later amendments are not shown here.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
obstructing an official exercising a power
Fault element
Requires proof of a state of mind
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (intentionally).

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: mens rea word in the offence-creating words: intentionally.

What would breach regulation 20?

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. Refusing to let an inspector onto premises they are entitled to enter under the Goods Vehicles (Enforcement Powers) Regulations 2001.
  2. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  3. Physically blocking an examination, or removing something an officer has said they intend to inspect.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£1,000
Standard scale
Level 3
Maximum prison (summary)
Not determined

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
11 December 2001
In force from
4 January 2002
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.

Schedule 1A to the Goods Vehicles (Licensing of Operators) Act 1995 (“the 1995 Act”) (which was inserted by section 262 of the Transport Act 2000) enables regulations to be made permitting an authorised person to detain a heavy goods vehicle (“vehicle”) and its contents in circumstances where the person using the vehicle did not hold an operator’s licence for that or any other vehicle. These Regulations are made pursuant to that Schedule. Regulation 2 contains definitions. Regulation 3 empowers an authorised person to detain a vehicle and its contents where he has reason to believe it is being operated without a licence. Regulation 4 provides for the release of a detained vehicle to an owner in circumstances where at the time the vehicle was detained, the person using the vehicle held an operator’s licence (whether or not authorising the use of the vehicle) or the vehicle was not being, and had not been, used in contravention of section 2 of the 1995 Act. Regulations 5 to 7 provide for the immobilisation of vehicles, criminal offences arising from the unlawful removal of, or interference with, immobilisation notices or devices, and the release of immobilised vehicles. Regulations 8 and 9 provide for the removal and delivery of vehicles and contents detained and the giving of notice of detention. Regulations 10 to 12 provide for the owner of a vehicle to make an application to a traffic commissioner for the return of the vehicle. There is provision for a hearing to be held if a party to an application requests one or the traffic commissioner so decides. Regulation 13 provides for appeals from a traffic commissioner to the Transport Tribunal (such appeals are governed by procedures under the Transport Tribunal Rules 2000). Regulation 14 provides for the return of a vehicle detained where the traffic commissioner determines that one or more of the grounds specified in regulation 10(4) is made out. Regulation 15 empowers authorised persons to sell or destroy vehicles in other cases and requires an authorised person to serve a notice of disposal of a vehicle on specified persons after the vehicle has been disposed of. Regulations 16 and 17 provide for the return of contents of detained vehicles and the disposal of such contents. Regulation 18 provides for the application of proceeds of sale of any property sold by an authorised person under regulation 15 or 17. Regulation 19 concerns disputes about the return or disposal of contents of a vehicle or the application of the proceeds of sale of a vehicle or its contents. Such applications are to be made to the Secretary of State. There is provision for an appeal to be made from the Secretary of State’s determination to a magistrates' court (in England and Wales) or to a sheriff court (in Scotland). Regulation 20 makes it a criminal offence to obstruct an authorised person in the exercise of his powers under regulation 3 or 8. Under regulation 21 it is a criminal offence to make a declaration intended to secure the return of property where the declaration is to the person’s knowledge false or in any material respect misleading. Regulation 22 regulates the service of notices under the Regulations. A Regulatory Impact Assessment has been prepared and copies can be obtained from the Department for Transport, Local Government and the Regions, Zone 2/23, Great Minster House, 76 Marsham Street, London SW1P 4DR (telephone: 020–7944 2123). Copies are being placed in the Libraries of each House of Parliament.

Read the full note and every offence in this instrument

Other offences in the same 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”; the provision states liability on summary conviction; the provision states a penalty in older drafting
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