UK Offence Report

1 It is an offence for a person— a intentionally to obstruct an authorised person in the exercise or…

regulation 13(1) of The Controls on Dangerous Substances and Preparations 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

1 It is an offence for

a person—

a intentionally to obstruct an authorised person in the exercise or performance of his powers or duties; or

b to make

a statement which he knows to be false or misleading in

a material particular, or recklessly makes

a statement which is false or misleading in

a material particular, where the statement is made in purported compliance with

a requirement to furnish any information imposed by or under these Regulations.

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 This is the text as originally made; later amendments are not shown here.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
obstructing an official exercising a power
Fault element
Requires proof of a state of mind
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (intentionally, recklessly).

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: mens rea word in the offence-creating words: intentionally, recklessly.

What would breach regulation 13(1)?

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. Refusing to let an inspector onto premises they are entitled to enter under the Controls on Dangerous Substances and Preparations Regulations 2006.
  2. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  3. Physically blocking an examination, or removing something an officer has said they intend to inspect.

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
11 December 2006
In force from
7 January 2007
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 give effect to restrictions on the marketing and use of certain of the dangerous substances and preparations set out in Council Directive 76/769/EEC 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 (OJ L262, 27.9.1976, p.201), as amended. Regulation 3 restricts the marketing and use of dangerous substances and preparations, subject to various exemptions in regulations 4 to 7. Regulation 8 provides that the enforcement authorities shall enforce the restriction in regulation 3. The enforcement authorities are given in regulation 2 and are in respect of— a England and Wales, the Environment Agency; b Scotland, the Scottish Environment Protection Agency; c Northern Ireland, the Department of the Environment. Regulation 9 provides that the enforcement authorities shall have the powers in Schedule 3 and may appoint persons to act on their behalf in respect of enforcement. Regulation 10 provides for the enforcement authorities to bring civil proceedings instead of proceedings for offences where the latter would afford an ineffectual remedy. Regulation 11 sets out offences in relation to the contravention of regulation 3 and regulation 12 sets out the penalties in respect of those offences. Regulation 13 sets out offences in relation to regulation 9 (powers of the enforcing authority and authorisation) and Schedule 3 (powers of entry, warrants, additional powers and notices) and regulation 14 sets out the penalties in respect of those offences. Regulation 16 provides for powers of a court to order a person to remedy matters where that person has been convicted of an offence under these Regulations. Under regulation 17, a person may appeal against an enforcement notice or prohibition notice served under Schedule 3. Regulation 18 and Schedule 4 provide for revocations and savings. Schedule 1 sets out a list of substances and preparations restricted under these Regulations. Schedule 2 sets out information that must be provided in relation to the use of leaded paint where this use is permitted under regulation 5. Schedule 3 sets out the powers of enforcement authorities. A full Regulatory Impact Assessment of the effect that this instrument will have on the costs of business and the voluntary sector, and a transposition note, are available from the Chemicals and Nanotechnology Division, Department for Environment, Food and Rural Affairs, 123 Victoria Street, London SW1E 6DE. Copies have been placed in the library of each House of Parliament.

Read the full note and every offence in this instrument

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 0.90.

Basis
the provision says “it is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.90 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