UK Offence Report

Contravention of The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002

the instrument as a whole of The Chemicals (Hazard Information and Packaging for Supply) 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

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 This is the text as originally made; later amendments are not shown here.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 Chemicals (Hazard Information and Packaging for Supply) Regulations 2002.

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
Status not determined
Made
28 June 2002
In force from
24 July 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 revoke and re-enact with amendments the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 (S.I. 1994/3247). By virtue of the amendments to the European Communities Act 1972 (c. 68) made by the European Economic Area Act 1993 (c. 51), these Regulations make provisions relating to the European Economic Area as defined in regulation 2(1) of these Regulations. These Regulations, as respects Great Britain, implement— Council Directive 1992/32/EEC (OJ No. L154, 5.6.92, p.1) amending for the 7th time Council Directive 67/548/EEC (OJ No. L196, 16.8.67, p.1), in so far as its provisions relate to the classification, packaging and labelling of dangerous substances (“the substances Directive”); Council Directive 1999/45/EC (OJ No. L 200, 30.7.99, p.1) on the classification, packaging and labelling of dangerous preparations (“the preparations Directive”); points 29, 30 and 31 of Annex I to Council Directive 76/769/EEC (OJ No. L262, 27.9.76, p. 201) as most recently amended by Directive 2001/41/EC of the European Parliament and of the Council (OJ No. L194, 18.7.01, p. 36); and Commission Directive 91/155/EEC (OJ No. L 76, 22.3.91, p.39) on the provision of safety data sheets (“the safety data sheets Directive”). These Regulations also implement the Directives referred to below which adapt to technical progress and modify the substances Directive, the preparations Directive and the safety data sheets Directive. These Directives are— Commission Directive 91/410/EEC (OJ No. L 228, 17.8.91, p.67) 14th adaptation to technical progress of the substances Directive; Commission Directive 92/37/EEC (OJ No. L 154, 5.6.92, p.30) 16th adaptation to technical progress of the substances Directive; Commission Directive 93/21/EEC (OJ No. L 110, 4.5.93, p.20) 18th adaptation to technical progress of the substances Directive; Commission Directive 93/72/EEC (OJ No. L 258, 16.10.93, p.29) 19th adaptation to technical progress of the substances Directive; Commission Directive 93/101/EEC (OJ No. L 13, 15.1.94, p.1) 20th adaptation to technical progress of the substances Directive; Commission Directive 93/112/EC (OJ No. L 314, 16.12.93, p.38) amendment to the safety data sheets Directive; Commission Directive 94/69/EC (OJ No. L 381, 31.12.94) 21st adaptation to technical progress of the substances Directive; Commission Directive 96/54/EC (OJ No. L 248, 30.9.96) 22nd adaptation to technical progress of the substances Directive; Commission Directive 97/69/EC (OJ No. L343, 13.12.97, p.19) 23rd adaptation to technical progress of the substances Directive; Commission Directive 98/73/EC (OJ No. L 305, 16.11.98) 24th adaptation to technical progress of the substances Directive; Commission Directive 98/98/EC (OJ No. L355, 30.12.98) 25th adaptation to technical progress of substances Directive; Commission Directive 2000/32/EC (OJ No. L 136, 8.6.2000, p.1) 26th adaptation to technical progress of the substances Directive; Commission Directive 2000/33/EC (OJ No. L136, 8.6.2000, p.90) 27th adaptation to technical progress of the substances Directive; Commission Directive 2001/58/EC (OJ No. L 212, 7.8.2001, p.24) 2nd amendment to the safety data sheets Directive; paragraphs 1 and 5 of article 1 of Commission Directive 2001/59/EC (OJ No. L 225, 21.8.2001, p.1) 28th adaptation to technical progress of the substances Directive; Commission Directive 2001/60/EC (OJ No. L 226, 22.8.2001, p.5) 1st adaptation to technical progress of the preparations Directive. The terms and expressions used in the Regulations are defined in regulation 2 and the scope of the Regulations is described in regulation 3. Regulation 4 describes the procedures for classifying dangerous substances and dangerous preparations and regulation 5 describes the safety data sheets which (with certain exceptions) are required to be provided when dangerous substances, dangerous preparations and certain other preparations are supplied. Regulation 6 requires that advertisements for dangerous substances and dangerous preparations must refer to the hazards presented by that dangerous substance or dangerous preparation. Regulation 7 imposes requirements relating to the packaging of dangerous substances and dangerous preparations and regulation 8 imposes requirements in respect of the particulars that must be shown on the labels for such substances and preparations. Special labelling requirements for certain preparations are imposed in regulation 9 and regulation 10 imposes requirements in respect of the methods of marking and labelling packages which contain dangerous substances or dangerous preparations. Regulation 11 requires that the packaging of certain substances and preparations be provided with child resistant fastenings or tactile warning devices or both, and sets out the standards to which they must conform. The Regulations also require a person who classifies a dangerous preparation to retain the data used for the classification for at least 3 years after the preparation was last supplied (regulation 12). The Regulations make provision for exemptions to be granted by the Health and Safety Executive in certain circumstances (regulation 13) and for their enforcement (regulation 14). Regulation 15 provides for a defence in specific circumstances in the case of contravention of the Regulations. Transitional provisions are set out in regulation 16 and provision is made in regulation 17 to extend the application of the Regulations outside Great Britain. Revocations and modifications are set out in regulation 18. Copies of the publications referred to in the Regulations are obtainable as follows— the approved supply list (ISBN 0 7176 2368 8), and the approved classification and labelling guide (ISBN 0 7176 2369 6), from HSE Books, PO Box 1999, Sudbury, Suffolk CO10 6FS (Telephone: 01787 881165; Fax 01787 313995); and good booksellers. the British and International Standards referred to in regulation 11 and Schedule 6 (relating to child resistant fastenings and tactile warning devices) from (by personal callers) the British Standards Institution, 2 Part Street, London W1A 2BS or (by post) from the British Standards Institution, Linford Wood, Milton Keynes, MK14 6LE. A copy of the regulatory impact assessment prepared in respect of these Regulations can be obtained from the Health and Safety Executive, Economic Advisers Unit, Rose Court, 2 Southwark Bridge, London SE1 9HS. A copy of the transposition note in relation to implementation of the Directives set out in paragraphs 3 and 4 can be obtained from the Health and Safety Executive, International Branch at the same address. Copies of both these documents have been placed in the Library of each House of Parliament.

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 0.70.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.70 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