UK Offence Report

Precautions against unauthorised access

paragraph 23(2) of SCHEDULE 5 of The Manufacture and Storage of Explosives Regulations 2005

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

2 In the event of any breach (by any act or default) of subsection (1), the occupier 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 This is the text as originally made; later amendments are not shown here.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
an occupier
Conduct
breaching the provision
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 an occupier 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 paragraph 23(2) of SCHEDULE 5?

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 Manufacture and Storage of Explosives Regulations 2005.

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
4 April 2005
In force from
Not determined
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 make new provision for licensing the manufacture and storage of explosives and for registration in respect of the storage of explosives. As such, they repeal a large number of provisions contained in the Explosives Act 1875 (“the 1875 Act”) and instruments made under it, which provided the framework for the regulatory regime in relation to the manufacture and storage of explosives before these Regulations. As before, a person wishing to manufacture or store explosives requires a licence to do so (regulations 9 and 10). This requirement is subject to the disapplications included in regulations 9 and 10. An application for a licence should be made to a licensing authority on a form approved by the Health and Safety Executive (“the Executive”) (regulation 12). Where only a certain amount of explosives is to be stored, a person can apply to a licensing authority for registration in respect of that storage, instead of seeking a licence for it (regulation 11). “Licensing authority” is defined by regulation 2(1) and Schedule 1; it means, in relation to registration or the storage of no more than 2000 kilograms of certain explosives, the chief officer of police or, where the explosives to be stored are of a type listed in Schedule 1 to the Control of Explosives Regulations 1991 (S.I. 1991/1531), the local authority for the area where the storage is to take place, or the Executive when the explosives are to be stored at a mine or a harbour. The Executive is the licensing authority in any other case. The definition of explosive in regulation 2(1) does not include acetylene, which continues to be regulated as before under provisions of the 1875 Act and instruments made under it. The document called the United Nations Recommendations, which the definition of “explosive” refers to, and the Manual of Tests and Criteria, third edition, which supports those Recommendations, can be obtained from the Stationery Office Ltd., Books Sales and Service, P.O. Box 276, 51, Nine Elms Lane, London, SW8 5DR. Subject to certain disapplications, a person wishing to store explosives must maintain the relevant separation distance prescribed by Schedule 2 between a store and buildings and other places not on the site where the storage takes place (regulation 5). “Separation distance” is defined in regulation 2(1). In certain cases where the Executive is the licensing authority, the assent of the local authority is required before a licence is granted (regulations 13(3) and (4) and 14). Grounds for refusing or varying a licence or registration are set out in, respectively, regulations 15 and 16. The grounds for revoking a licence or registration are set out in regulation 17. A person may appeal against a refusal or revocation of registration (regulation 19). Licences and registration may be transferred (regulation 20). A licensing authority is required to maintain a register on certain information relating to licences or registrations granted or made by it (regulation 22 and Schedule 4). Prohibitions concerning explosives are contained in regulations 24 and 25. Power to grant exemptions from the requirements or prohibitions imposed by the Regulations is included under regulation 26. Regulation 27 contains savings and transitional provisions so that, for example, licences granted under the Explosives Act 1875 which are valid immediately before the coming into force of these Regulations continue in force on their existing terms subject to any variation, revocation or expiry on their expiry date. Amendments to legislation are made by regulation 28(1) and Schedule 5. Repeals and revocations of legislation are made by regulation 28(2) and (3) and Schedule 6. The Regulations also amend the Health and Safety (Fees) Regulations 2005 (S.I. 2005/676), so as to include fee provisions in those Regulations for the new licensing and registration provision made by these Regulations. The amendments also add fees in relation to the issue of explosives certificates under the Control of Explosives Regulations 1991 (regulation 28(1) and Schedule 5, paragraph 45). A copy of the regulatory impact assessment in respect of these Regulations can be obtained from the Health and Safety Executive, Rose Court, 2 Southwark Bridge, London, SE1 9HS. A copy has been placed in the Library of each House of Parliament.

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