UK Offence Report

Offences and penalties

regulation 18(1) of The Civil Aviation (Contributions to the Air Travel Trust) Regulations 2007

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 Any person who contravenes regulation

17 will be guilty of an offence and liable on summary conviction to

a fine not exceeding Level

5 on the standard scale.

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 This is the text as originally made; later amendments are not shown here.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
contravening a requirement of the instrument
Fault element
Mixed — some elements strict, some not
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove the conduct, and - for those elements the provision qualifies (knowingly, recklessly) - the state of mind it names. The remaining elements carry no fault requirement, so they are strict.

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

Classifier’s reasoning: the offence itself carries no fault word, but a duty it criminalises by cross-reference uses knowingly, recklessly; which element that governs was not determined.

What would breach regulation 18(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. Doing the thing the provision prohibits under the Civil Aviation (Contributions to the Air Travel Trust) Regulations 2007, whatever the reason for doing it.
  2. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£5,000
Standard scale
Level 5
Maximum prison (summary)
Not determined

this is the level 5 value when the instrument came into force (2007-11-14); the standard scale is keyed to the date the offence was committed, and for conduct today the same words mean an unlimited fine.

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
19 October 2007
In force from
14 November 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 are made under section 71A of the Civil Aviation Act 1982, which authorises the Secretary of State to make provision for persons applying for licences under section 71 of that Act to make contributions to the Air Travel Trust. Regulation 3 provides that a person who applies for and who is granted a licence pursuant to the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 1995 must make contributions to the Air Travel Trust. Regulation 4 provides that contributions are to be calculated by reference to the number of passengers included in bookings under a licence. Regulation 5 provides that the CAA must, after consultation, determine and publish applicable rates of contribution and the dates on which they come into force. Regulation 6 provides that the CAA must, after consultation, determine and publish applicable payment periods, which may be either one month or three months. Regulation 7 provides for the method of calculating contributions payable by licence holders (other than the holders of Small Business ATOLs), which are payable in arrears at the end of each payment period. Regulation 8 provides for the method of calculating contributions payable by the holders of and applicants for Small Business ATOLs, which are payable either in advance of the grant or within six weeks after the renewal of such licences. Regulation 9 provides that the CAA may require the provision of undertakings to make payments of contributions and security for the duty to pay contributions. Regulation 10 provides that the CAA may reimburse amounts paid in certain circumstances. Regulation 11 provides for the recovery of sums due as civil debts and authorises the CAA to recover interest on overdue amounts. Regulation 12 provides that the CAA will act as agent for the trustees of the Air Travel Trust, obliges the trustees to accept contributions collected by the CAA and requires the Air Travel Trust to reimburse the CAA’s expenses. Regulation 13 provides that the CAA may, after consultation and with the consent of the Secretary of State, suspend the requirements to make contributions. Regulation 14 provides that the CAA may, with the consent of the Secretary of State, make exemptions. Regulation 15 provides that, where the Regulations require compliance with prescribed consultation requirements, certain persons must be consulted. It also provides that this requirement is to be treated as having been satisfied to the extent that consultation occurred in the 12 month period before the Regulations came into force. Regulation 16 provides for the manner in which matters must or may be published. Regulation 17 provides that holders of and applicants for licences must not knowingly or recklessly supply false information to the CAA for the purpose of paying less than is due. Regulation 18 provides that any contravention of regulation 17 is a criminal offence. Regulation 19 amends the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 1995 to provide that the CAA may refuse to grant, vary, suspend or revoke a licence in the event of non-compliance with these Regulations. A full regulatory impact assessment of the effect that this instrument will have on the costs of business has been produced and a copy placed in the library of both Houses of Parliament. Copies may be obtained from the Department for Transport, 76 Marsham Street, London SW1P 4DR. Alternatively, copies can be obtained from the Department for Transport’s website which is at www.dft.gov.uk.

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 is “guilty of 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