UK Offence Report

Contravention of The Health and Safety (Fees) Regulations 2005

the instrument as a whole of The Health and Safety (Fees) Regulations 2005

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

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 This is the text as originally made; later amendments are not shown here.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 Health and Safety (Fees) Regulations 2005.

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
Revoked
Revoked by
The Health and Safety (Fees) Regulations 2006
Revoked on
6 April 2006
Made
11 March 2005
In force from
6 April 2005
Extent
Not stated

How this was established: the instrument was revoked by a later instrument found in this corpus.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations update and replace the Health and Safety (Fees) Regulations 2004 (S.I. 2004/456). They fix or determine the fees payable by an applicant to, in most cases, the Health and Safety Executive, in respect of an application made for— an approval under mines and quarries legislation (regulation 2 and Schedule 1); an approval of plant or equipment under the Agriculture (Tractor Cabs) Regulations 1974 (regulation 3 and Schedule 2); an approval of a scheme or programme under the Freight Containers (Safety Convention) Regulations 1984 (regulation 4 and Schedule 3); a licence under the Asbestos (Licensing) Regulations 1983 and the amendment to, replacement of, and reassessment of an application to grant, such a licence (regulation 5 and Schedule 4); an approval of dosimetry services for the purposes of the Ionising Radiations Regulations 1999 or the Radiation (Emergency Preparedness and Public Information) Regulations 2001 (regulation 8 and Schedule 7); an approval, authorisation or licence etc. under the Explosives Act 1875 and certain instruments made thereunder, for a licence under the Petroleum (Consolidation) Act 1928, for the transfer of a licence under the Petroleum (Transfer of Licences) Act 1936, or for the classification of an article, substance, combination or unit load under the Classification and Labelling of Explosives Regulations 1983 (regulation 9 and Schedule 8); an explosives licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987 (regulation 11 and Schedule 9); certificates and applications for approvals under the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 (regulation 12 and Schedules 10, 11,and 12); an approval under the Health and Safety (First-Aid) Regulations 1981 (regulations 20 and 22 and Schedule 18); an approval under the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 (regulations 21 and 22 and Schedule 19); and in respect of— a notification or application under the Genetically Modified Organisms (Contained Use) Regulations 2000 (regulation 14 and Schedule 13); a notification or application under the Notification of New Substances Regulations 1993 (regulation 15 and Schedule 14). The Regulations fix fees to be paid in respect of medical examinations and surveillance by an employment medical adviser which are required under certain of the relevant statutory provisions (regulations 6 and 7 and Schedules 5 and 6). The Regulations fix or determine the fees payable by specified persons in the offshore, rail and gas industries for the performance by the Executive of the functions specified in those provisions (regulations 16 to 19 and Schedules 15 to 17). Besides the increases for fixed fees which are indicated in the table below, the Regulations make a minor amendment to regulation 22(6)(b)(i) of the Control of Major Accident Hazards Regulations 1999 (S.I. 1999/743) concerning the period up to which fees may be charged in relation to criminal investigations (regulation 23). This replicates a similar provision now included in regulation 19(2)(b)(i) of these Regulations. The new fees compared with those fixed by or determined under the previous fee-charging provisions are as follows: where surveillance is confined to examination of, and making entries in, records in other cases for laboratory tests where these are carried out for a clinical medical examination where this is carried out Schedule 7 Table 1 Bio-assay or in-vivo monitoring or air sampling for each additional technique quantity of the new substance equal to or more than 100 kg (regulation 6(1)) quantity of the new substance up to 100 kg (regulation 6(2))

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 0.67.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.67 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