UK Offence Report

17 Any person who contravenes or fails to comply with regulation 8 or 9 shall be guilty of an offence.

regulation 17 of The Personal Protective Equipment Regulations 2002 (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

17 Any person who contravenes or fails to comply with regulation 8 or 9 shall be guilty of an offence.

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 This is the text as originally made; later amendments are not shown here.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
contravening a requirement of the instrument
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 17?

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 contravenes or fails to comply with regulation 8 or 9.
  2. Doing the thing the provision prohibits under the Personal Protective Equipment Regulations 2002, whatever the reason for doing it.
  3. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

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
20 April 2002
In force from
15 May 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.

These Regulations consolidate with amendments the Personal Protective Equipment (EC Directive) Regulations 1992, (S.I. 1992/3139; as amended by S.I. 1993/3074, S.I. 1994/2326 and S.I. 1996/3039 and extended by section 2(1) of the Economic Area Act 1993, c. 51). These Regulations maintain the implementation of Council Directive 89/686/EEC on the approximation of the laws of the Member States relating to personal protective equipment (O.J. No. L399, 30.12.89, p. 18), as amended by Council Directive 93/68/EEC (O.J. No. L220, 30.8.93, p.1), Council Directive 93/95/EEC (O.J. No. L276, 9.11.93, p. 11) and Council Directive 96/58/EC (O.J. No. L236, 18.9.96, p.44), which was originally implemented by S.I. 1992/3139. For the purposes of these Regulations, relevant definitions are contained in regulation 2. Regulations 3 to 7 provide for the application of the Regulations. There are exclusions and dis-applications of the Regulations in certain circumstances including transitional arrangements which apply to certain personal protective equipment (“PPE”) which was placed on the market before 1 July 1995. Regulations 8 to 12 set out the general requirements relating to the placing on the market or supply (which includes putting into service in specified circumstances) of PPE. Regulation 8 places the duty on any responsible person who places PPE on the market to comply with certain requirements. These requirements are that the PPE must satisfy the basic health and safety requirements which are applicable to that class or type of PPE, the appropriate conformity assessment procedures must have been carried out, CE marking must have been correctly affixed and the PPE must not compromise the safety of individuals, domestic animals or property when properly maintained and used. The basic health and safety requirements applicable to a particular class or type of PPE are set out in Schedule 2. There is a presumption that the relevant basic health and safety requirements applicable to a class or type of PPE are met if the PPE complies with transposed harmonised standards (regulation 8(2)(a)). The appropriate conformity assessment procedures applicable to different types of PPE are set out in regulation 11 by reference to Schedule 3, which lays down the technical documentation to be supplied by the manufacturer, Schedule 7, which sets out the EC type-examination procedure, Schedule 8, which sets out the checking of PPE manufactured and Schedule 9 which sets out the EC declaration of production conformity. Regulation 9 requires that any person who supplies PPE must ensure that it is safe. For the purposes of this regulation supplying PPE includes putting PPE into service in specified circumstances. Requirements relating to the CE marking of PPE are set out in regulation 12 and Schedules 4 and 6. Regulations 13 to 15 make provisions as regards the appointment of approved bodies to carry out conformity assessment procedures and/or surveillance together with fees which such bodies may charge and the procedures required by the approved body in the event of such a body refusing to issue or withdrawing an EC type-examination certification. Regulations 16 to 20 and Schedule 10 provide for the enforcement of the Regulations. Except in the case of PPE which, when used in accordance with its intended purpose, in the opinion of an enforcement authority, may endanger the safety of persons and, where appropriate, domestic animals or property, where an enforcement authority suspects that the CE marking has been incorrectly affixed to PPE a notice may be served requiring compliance with the provisions of the Regulations. These Regulations provide that any person who contravenes regulation 8 or 9 will be guilty of an offence under regulation 17 and the penalties attracted by those offences are set out in regulation 18. The powers of enforcement authorities are provided in Schedule 10. Regulation 19 provides for the defence of due diligence and regulation 20 provides for the liability of persons other than the principal offender. Paragraph 1(d) of Schedule 10 enables proceedings to be brought within a period of 12 months after the offence was committed. As these Regulations maintain the implementation of Council Directive 89/686/EEC on the approximation of the laws of the Member States relating to personal protective equipment, as amended, a transposition note setting out how the Government will transpose into UK law the main elements of this Directive is available from the Department of Trade and Industry, STRD, 151 Buckingham Palace Road, London, SW1W 9SS. Copies of the transposition note have been placed in the libraries of both Houses of Parliament. At the time of making these Regulations the text of Statutory Instruments made from 1987 onwards have been available under HMSO website at www.legislation.hmso.gov.uk/stat.htm

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 0.92.

Basis
the provision says a person is “guilty of an offence”
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