UK Offence Report

1 Subject to paragraph (2), a person is guilty of an offence if he— a contravenes regulation 3(1); b fails…

regulation 18(1) of The Offshore Chemicals Regulations 2002

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

1 Subject to paragraph (2),

a person is guilty of an offence if he—

a contravenes regulation 3(1);

b fails to comply with the terms of

a direction given under regulation 16(4);

c fails to supply any information required to be supplied by virtue of regulation 3(3) or 15;

d fails to supply any information required to be supplied by virtue of the terms of any permit granted under these Regulations;

e knowingly or recklessly makes

a statement which he knows to be false or misleading in

a material particular where such

a statement—

i is made in connection with or for the purposes of any permit application or any application under regulations

10 or 11; or

ii is made for the purposes of satisfying any requirement under these Regulations for the supply of information to the Secretary of State or an inspector appointed pursuant to regulation 16;

f wilfully obstructs an inspector appointed under regulation 16; or

g without reasonable excuse fails to comply with

a requirement imposed in pursuance of regulation

16 or prevents another person from complying with such

a requirement.

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 This is the text as originally made; later amendments are not shown here.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
An element of the offence, for the prosecution to prove

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (knowingly, knowingly or recklessly, recklessly, wilfully).

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: mens rea word in the offence-creating words: knowingly, wilfully, recklessly, knowingly or recklessly; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

obstructs an inspector appointed under regulation 16; or g without reasonable excuse fails to comply with a requirement imposed in pursuance of regulation 16 or prevents another person from complying with such a requirement.

What would breach regulation 18(1)?

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 Offshore Chemicals Regulations 2002.
  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
Either way — magistrates’ court or Crown Court
Maximum fine
£5,000
Maximum prison (summary)
Not determined

expressed as the statutory maximum (the prescribed sum): the same words mean £5,000 in England and Wales and £10,000 in Scotland.

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
14 May 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 are made under section 2 of the Pollution Prevention and Control Act 1999. They establish a regime for the purpose of implementing the United Kingdom’s obligations under the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR) Decision (2000/2) on a Harmonised Mandatory Control System for the Use and Reduction of the Discharge of Offshore Chemicals in relation to offshore activities (defined in regulation 2). The Regulations apply in relation to the sea adjacent to England and Wales, to the United Kingdom territorial sea apart from those areas comprised in Scottish controlled waters and to those areas of sea in any area for the time being designated under section 1(7) of the Continental Shelf Act 1964. Regulation 2 deals with definitions. Regulation 3 deals with the need for a permit in order to allow an operator to use and discharge chemicals; regulations 4 to 8 deal with the procedure for granting permits, the conditions of permits, the requirements for permit applications, the publicity for permit applications and fees. Regulation 9 makes provision for the duration of permits and regulation 10 allows for the renewal of permits. Regulation 11 allows for permits to be varied on application to the Secretary of State and regulation 12 deals with the review of permits and their conditions. Provision is made for the revocation and surrender of permits by regulation 13. Under regulation 14 the Secretary of State is required to maintain a public register of the provisions of permits and of certain information required to be supplied to her under those provisions. Regulation 15 requires operators to inform the Secretary of State of any breach of a permit or its conditions or of any accident or incident involving a significant effect on the environment. Under regulation 16 the Secretary of State can appoint Inspectors whose powers and duties are therein set out. Regulation 17 gives a right to appeal to the court against the Secretary of State’s decisions under the Regulations. Regulation 18 creates offences. Regulation 19 deals with service of notices and other documents. Regulations 20 and 21 respectively amend the Deposits in the Sea (Exemptions) Order 1985 and the Deposits in the Sea (Exemptions) Order (Northern Ireland) 1995. These Regulations come into force on [date]. After the prescribed date (regulation 2) a permit will be required for all use and discharge of offshore chemicals (regulation 3(1) subject to the provisions of regulation 3(2)). A regulatory impact assessment has been prepared and copies can be obtained from Oil and Gas Directorate, Department of Trade and Industry, 1 Victoria Street, London, SW1H 0ET (Tel. 020 7215 5151). These Regulations have been notified to the European Commission and the other member States in accordance with Directive 98/34/EC of the European Parliament and of the Council (OJ No. L204, 21.7.98, p.37), as amended by Directive 98/48/EC of the European Parliament and of the Council (OJ No. L217, 5.8.98, p.18).

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.

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”
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