UK Offence Report

7 An undertaker who without reasonable cause fails to give any notice required by these Regulations commits…

regulation 7 of The Street Works (Charges for Occupation of the Highway) (England) Regulations 2001

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

7 An undertaker who without reasonable cause fails to give any notice required by these Regulations commits an offence and is 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 This is the text as originally made; later amendments are not shown here.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
failing to do something the instrument requires
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

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.

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

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach regulation 7?

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. On these words an offence is committed where a person without reasonable cause fails to give any notice required by these Regulations.
  2. Not doing what the provision requires under the Street Works (Charges for Occupation of the Highway) (England) Regulations 2001, by the time it requires it to be done.
  3. Doing it, but not in the manner or to the standard the instrument specifies.

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
Revoked
Revoked by
The Street Works (Charges for Occupation of the Highway) (England) Regulations 2012
Revoked on
14 March 2012
Made
20 December 2001
In force from
21 December 2001
Extent
E

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.

Section 74A of the New Roads and Street Works Act 1991 (inserted by the Transport Act 2000) enables regulations to be made requiring an undertaker executing street works in a maintainable highway to pay a charge. These Regulations provide for the charges to be payable to such local highway authorities as may be so approved. Under the regulations the charge is determined by reference to the duration of the works subject to a maximum of £1,000 a day for each set of notified works in a street. The Regulations also make provision for the giving of notices relating to works to which they apply, create an offence or failing without reasonable cause to give a prescribed notice and make provision for the application by approved local authorities of charges received and the keeping of accounts The code of practice entitled “Code of Practice for the Co-ordination of Street Works and Works for Road Purposes and Related Matters” (ISBN 0-11-552310-3) is published by The Stationery Office and may be obtained from their bookshops or by mail, fax or telephone from PO Box 29, Norwich NR3 1GN (tel. 0870 6005522/fax 0870 6005533) or by e-mail from book.orders@theso-co.uk. The Local Government Information House Limited is registered in England No. 3490270. Its registered office is Local Government House, Smith Square, London SW1P 3HZ (website www.idea-infoage.gov.uk/(gih/index.html). The website of the National Street Gazetteer is www.nsg.org.uk. A regulatory impact assessment has been prepared in respect of this order. A copy of it has been placed in the library of each House of Parliament. Further copies can be obtained from the Traffic Management 2 Division of the Department for Transport, Local Government and the Regions, Zone 3/17, Great Minister House, 76 Marsham Street, London SW1P 4DR. A copy has been published on the Department’s website at www.roads.dtlr.gsi.gov.uk.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

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 “commits an offence”; the provision states liability on summary conviction
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