UK Offence Report

Contravention of The Railway Safety Levy Regulations 2006

the instrument as a whole of The Railway Safety Levy Regulations 2006

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 This is the text as originally made; later amendments are not shown here.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 Railway Safety Levy Regulations 2006.

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
30 March 2006
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 place an obligation on railway service providers to pay a levy to the Office of Rail Regulation to meet the expenses it incurs in performing activities relating to railway safety. Regulation 3 enables the Office of Rail Regulation to determine, in respect of each financial year, the total amount of the levy, the railway service providers that are liable to pay the levy, when the levy is to be paid and the criteria for determining the proportion of the levy to be paid by each railway service provider. The Office of Rail Regulation may revise a determination of any of these matters and must publish each determination or revision of a determination. The Office of Rail Regulation may calculate the amount of levy payable by each railway service provider that is liable. Regulation 4 enables the Office of Rail Regulation to obtain the information necessary to determine or calculate any matter under regulation 3. Where information requested is financial information, the information must be accompanied by a certificate signed by an auditor attesting to its accuracy. If the railway service provider has a relevant turnover of less than £10,000,000, the railway service provider may provide a statement regarding the accuracy of the information signed by or on behalf of the railway service provider rather than by an auditor. Regulation 6 provides that where information is requested but is not supplied the Office of Rail Regulation may make assumptions. The Office of Rail Regulation must provide the railway service provider with written notice of any assumption it intends to make and the reasons for making that assumption. The railway service provider may make representations to the Office of Rail Regulation regarding that assumption within 21 days of the date of the notice, after which the Office of Rail Regulation may apply the assumption with or without modifications. Regulation 7 provides for the payment of the levy to the Office of Rail Regulation, and the recovery of levy that is not paid in accordance with the Regulations. Regulation 8 enables the Office of Rail Regulation to refund levy paid to it under these Regulations. A full regulatory impact assessment of the effect that this instrument will have on the costs of business is available from the Rail Standards and Safety Division of the Department for Transport, Zone 4/32 Great Minster House, 76 Marsham Street, London SW1P 4DR.

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.

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 0.61.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.61 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