UK Offence Report

Contravention of The Health and Safety (Fees) Regulations 2006

the instrument as a whole of The Health and Safety (Fees) Regulations 2006

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.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 This is the text as originally made; later amendments are not shown here.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 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
Revoked
Revoked by
The Health and Safety (Fees) Regulations 2007
Revoked on
6 April 2007
Made
13 February 2006
In force from
6 April 2006
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 revoke and replace the Health and Safety (Fees) Regulations 2005 (S.I. 2005/676). They consolidate amendments made to those Regulations and also update fees to be charged. 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); a licence to manufacture or store explosives or for registration for storing explosives, under the Manufacture and Storage of Explosives Regulations 2005, for an acetylene importation licence under section 40(9) of the Explosives Act 1875, for an approval under certain instruments made under that Act in relation to acetylene, for a licence under the Petroleum (Consolidation) Act 1928, for the transfer of a licence under the Petroleum (Transfer of Licences) Act 1936, for the approval of a classification of an explosive under the Classification and Labelling of Explosives Regulations 1983, or for an explosive certificate under the Control of Explosives regulations 1991 (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); an approval under the Health and Safety (First-Aid) Regulations 1981 (regulations 19 and 21 and Schedule 15); an approval under the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 (regulations 20 and 21 and Schedule 16); and in respect of— a notification or application under the Genetically Modified Organisms (Contained Use) Regulations 2000 (regulation 13 and Schedule 10); a notification or application under the Notification of New Substances Regulations 1993 (regulation 14 and Schedule 11). 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 15 to 18 and Schedules 12 to 14). 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 Applications under the Ionising Radiations Regulations 1999 and the Radiation (Emergency Preparedness and Public Information) Regulations 2001 Whole body (beta, gamma, thermal neutrons) film Whole body (beta, gamma, thermal neutrons) thermoluminescent dosemeter (TLD) Whole body (neutron), other than sub-groups (a) or (b) Whole body, other than sub-groups (a), (b), or (c) Extremity monitoring Accident dosimetry, other than in the previous sub-groups Group III Internal dosimetry Bio-assay or in-vivo monitoring or air sampling For each additional technique one year’s duration two years' duration three years' duration varying name of licensee or name of site any other kind variation Part 9 Table 1 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