UK Offence Report

23 A producer who fails to comply with any or all of the requirements of regulations — a 7 (1), (2), (3),…

regulation 23 of The End-of-Life Vehicles (Producer Responsibility) 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

23 A producer who fails to comply with any or all of the requirements of regulations — a 7 (1), (2), (3), (4) or (9); b 10 (1) to (6); c 11; and d

12 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 This is the text as originally made; later amendments are not shown here.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 producer
Conduct
obstructing an official exercising a power
Fault element
Mixed — some elements strict, some not
Burden of proof
An element of the offence, for the prosecution to prove

The prosecution must prove the conduct, and - for those elements the provision qualifies (intentionally, recklessly) - the state of mind it names. The remaining elements carry no fault requirement, so they are strict.

“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: no fault word in the offence-creating words, but the surrounding provision uses intentionally, recklessly - which element it governs was not determined; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

it is false or misleading in a material particular; c fails without reasonable excuse to furnish any information required by the Secretary of State in accordance with regulation 19(3); or d furnishes any information required by the Secretary of State in connection with her functions, powers and duties under these Regulations and either— i know

What would breach regulation 23?

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 producer fails to comply with any or all of the requirements of regulations — a 7 (1), (2), (3), (4) or (9); b 10 (1) to (6); c 11; and d 12.
  2. Refusing to let an inspector onto premises they are entitled to enter under the End-of-Life Vehicles (Producer Responsibility) Regulations 2005.
  3. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  4. 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
8 February 2005
In force from
3 March 2005
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 implement Articles 5(1), (2), (4) and 7 of Directive 2000/53/EC of the European Parliament and the Council on end-of-life vehicles (OJ No. L269, 21.10.2000, p.34) (“the Directive”). The Regulations apply to vehicles and end-of-life vehicles as defined in regulation 2. The Regulations require a producer to register with the Secretary of State and declare responsibility for those vehicles which he has placed on the market (regulation 7). Under regulation 8 the Secretary of State has the power to ascribe responsibility to a producer in respect of vehicles which have been placed on the market where no producer has made a declaration of responsibility under regulation 7. A producer is obliged to make provision for vehicles for which he has declared responsibility under regulation 7, or has been ascribed responsibility under regulation 8, or when a producer’s business is transferred to another person as set out in regulation 9. The Regulations require a producer to submit to the Secretary of State an application for approval of the system he has established to collect vehicles for which he is responsible (regulation 10). A producer’s system for collection must contain sufficient capacity to treat those end-of-life vehicles for which he is responsible (regulation 12). The system for collection must also be reasonably accessible to any person who wants to deliver an end-of-life vehicle to it (regulation 11). Regulation 18 introduces the reuse, recovery and recycling targets for end-of-life vehicles treated at authorised treatment facilities. However, the reuse, recovery and recycling targets do not apply to three-wheel motor vehicles or special-purpose vehicles as defined in the second indent of Article 4(1)(a) of Directive 70/156/EEC. Producers and where appropriate owners or operators of authorised treatment facilities are required to submit a certificate of compliance to demonstrate that they have met their obligations under regulation 18. The Regulations are to be enforced by the Secretary of State who may appoint the Environment Agencies to act on her behalf. The powers of the Secretary of State and any person appointed by her to act on her behalf as regards enforcement under these Regulations are set out in regulation 22 and Schedule 6. The offences and penalties are set out in regulations 23 and 24. Regulation 26 introduces a power for the Secretary of State to enter into agreements to implement the obligations in Article 5(4) of the Directive, where she is satisfied that it will achieve one or more of the objectives set out in Article 1 of the Directive. Certain provisions of the Directive were implemented by the End-of-Life Vehicles Regulations 2003 (S.I. 2003/2635) (“the 2003 Regulations”). Transposition of the Directive is completed by these Regulations which also amend the 2003 Regulations. Regulation 28(a) provides that only Part VII of the 2003 Regulations applies to three-wheel motor vehicles, and that the provisions of Part VI of the 2003 Regulations concerning vehicles placed on the market after 1st July 2002 will not apply after 31st December 2006 (regulations 10(6) and 12(2)). Regulation 28(b) concerns vehicles made in small series; it states that those vehicles are within the scope of Directive 70/156/EEC (OJ No. L042, 23.02.1970 p.1) and disapplies regulations 16 to 26 of the 2003 Regulations in respect of them. Regulation 28(c), (d) and (e) amend Part V of the 2003 Regulations by making provision for the requirements for issuing a valid certificate of destruction. A Regulatory Impact Assessment is available, copies of which have been placed in the libraries of both Houses of Parliament. Copies are also available from the Department of Trade and Industry.

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