UK Offence Report

Contravention of The Dangerous Substances and Preparations (Safety) Regulations 2006

the instrument as a whole of The Dangerous Substances and Preparations (Safety) Regulations 2006 (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

12 of the Consumer Protection Act 1987. 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 This is the text as originally made; later amendments are not shown here.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 Dangerous Substances and Preparations (Safety) 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 12 of the Consumer Protection Act 1987.

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
6 November 2006
In force from
4 December 2006
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 prohibit, subject to exceptions, the supply of certain dangerous substances and preparations. They revoke the Dangerous Substances and Preparations (Safety) (Consolidation) Regulations 1994 (S.I. 1994/2844) and the six amending Regulations listed in Schedule 1. They consolidate those Regulations with the amendments necessary to implement three further Directives. These Regulations implement Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (O.J. L.262, 27.9.1976, p.201) as last amended by Directive 2005/90/EC of the European Parliament and of the Council of 18 January 2006 (OJ L.33, 4.2.2006, p.28) so far as the amended directive concerns substances and preparations prohibited for supply to consumers. The three Directives newly implemented are: Directive 2005/59/EC of the European Parliament and of the Council of 26 October 2005 (so far as it relates to toluene) (O.J. L309, 25.11.2005, p.13); Directive 2005/84/EC of the European Parliament and of the Council of 14 December 2005 (phthalates in toys and childcare articles) (O.J. L344, 27.12.2005, p.40); and Directive 2005/90/EC of the European Parliament and of the Council of 18 January 2006 (amendments to the list of substances classified as carcinogenic, mutagenic or toxic to reproduction) (O.J. L33, 4.2.2006, p.28). Regulation 2 contains definitions and regulation 3 provides that the Regulations do not apply to supply for research and development or analysis. Regulation 4 prohibits, with exceptions, the supply of substances or preparations containing benzene in concentrations equal or greater than 0.1% by mass. Regulation 5 prohibits, with exceptions, the supply to a member of the general public or for the purposes of sale to such a person of substances which are carcinogenic, mutagenic or toxic for reproduction. The substances concerned are listed in Schedule 2. Regulation 6 prohibits the supply of textile articles intended to come into contact with the skin and children’s dressing gowns treated with certain substances. Regulation 7 prohibits, with exceptions, the supply to a member of the general public or for supply for the purposes of sale to such a person of substances or preparations containing specified chlorinated solvents. Regulation 8 prohibits, with exceptions, the perfuming or colouring of certain liquid substances supplied as fuel for decorative lamps. Regulation 9 prohibits the supply of ornamental objects, tricks, jokes and games containing specified substances which are “dangerous for supply”. Regulation 10 prohibits the supply of dangerous substances and preparations intended to cause amusement, for example stink bombs and sneezing powder. Regulation 11 prohibits the supply of childcare articles containing greater than a specified percentage of phthalates. Regulation 12 prohibits the supply to a member of the general public or supply for the purposes of sale to such a person of toluene or adhesives or spray paints containing toluene in a concentration equal to or greater than 0.1% by mass. A full regulatory impact assessment of the effect that this instrument will have on costs to business is available from the Consumer and Competition Policy Directorate of the Department of Trade and Industry, 1 Victoria Street, London SW1H 0ET. Copies of a transposition note relating to these Regulations have been placed in the libraries of both Houses of Parliament. Copies are also available to the public from the Consumer and Competition Policy Directorate of the Department of Trade and Industry, 1 Victoria Street, London SW1H 0ET.

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 0.55.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.55 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