UK Offence Report

Powers of entry and search: prescribed information

regulation 2(2) of The Human Tissue Act 2004 (Powers of Entry and Search: Supply of Information) 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

2 An appropriate statement must contain the following information— a a statement that the investigator has been authorised by the Authority for the purposes of paragraph 3 of Schedule 5 to the Act (entry and search in connection with suspected offence); b a statement that the investigator’s rights of entry and search are subject to his producing evidence of his entitlement to exercise them, if required; c a statement that the investigator is entitled, if need be, to enter the premises by force; d a description of the investigator’s powers under paragraph 5(2) to (4) of inspection and seizure of property; e a description of the requirement under paragraph 5(5) for the investigator to leave a statement giving particulars of what he has seized and stating that he has seized it; f a description of the powers of the investigator i under paragraph 6(1), to bring with him such other persons and equipment as he considers necessary; ii under paragraph 6(2), to inspect equipment and inspect and take copies of records, and in the case of premises in respect of which a licence is in force to observe the carrying on of licensed activity; g a description of the investigator’s obligations under paragraph 7(2) to prepare a written report of the search and, if requested to do so by the appropriate person, give him a copy of the report; h a statement that a person commits an offence under paragraph 8 if— i he fails without reasonable excuse to comply with a requirement under paragraph 6(3), or ii he intentionally obstructs the exercise of any right under Schedule 5.

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 This is the text as originally made; later amendments are not shown here.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
An element of the offence, for the prosecution to prove

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

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: mens rea word in the offence-creating words: intentionally; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

person commits an offence under paragraph 8 if— i he fails without reasonable excuse to comply with a requirement under paragraph 6(3), or ii he intentionally obstructs the exercise of any right under Schedule 5.

What would breach regulation 2(2)?

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 Human Tissue Act 2004 (Powers of Entry and Search: Supply of Information) 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
1 March 2006
In force from
7 April 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 are made in consequence of provisions introduced by the Human Tissue Act 2004 (c. 30) (“the Act”). Regulation 2 prescribes the information to be included in an appropriate statement to be given to an occupier when entering and searching premises in accordance with a warrant under paragraph 4 of Schedule 5 to the Act. Such information includes a statement of authorisation, a statement of the duly authorised person’s rights, powers and obligations under the Act and a statement of the offence under paragraph 8 of Schedule 5 to the Act. These Regulations do not impose a cost upon business.

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 0.92.

Basis
the provision says a person “commits an offence”
Confidence
0.92 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