UK Offence Report

Offence to undertake works without a required permit

regulation 19(1) of The Traffic Management Permit Scheme (England) 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 It is an offence for

a statutory undertaker or

a person contracted to act on its behalf to undertake specified works in

a specified street in the absence of

a permit, except to the extent that

a permit scheme provides that this requirement does not apply.

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 This is the text as originally made; later amendments are not shown here.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
No statutory defence — prosecution proves everything

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.

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

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach regulation 19(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 what the provision prohibits, or failing to do what it requires under the Traffic Management Permit Scheme (England) Regulations 2007.

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 (2008-04-01); 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
28 November 2007
In force from
1 April 2008
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 make provision with respect to the content, preparation, submission, approval, operation, variation and revocation of permit schemes, being schemes designed to control the carrying out of certain street works and works for road purposes in certain streets within a certain area. Prior to the submission by one or more local highway authorities (the Permit Authority) of such a scheme for approval by the Secretary of State consultation is required – regulation 3. Any request for variation or revocation of such a scheme must be the subject of the same prior consultation – regulation 5. Any submission of a permit scheme for approval is required to be accompanied by specified information – regulation 4. Schemes must specify the works that are to be subject to control, the area within which such control is to be exercised and the streets where that control is to be exercised – regulations 6 to 8. With possible exceptions such streets must be maintainable highways – regulation 8. Schemes must require permits to be obtained from the Permit Authority before works are carried out but may specify exceptions to this requirement. Copies of permit applications are required to be provided on request to relevant authorities comprising bridge, sewer, street and transport authorities as well as persons with apparatus in the street. – regulation 9. Schemes must include provision enabling the Permit Authority to attach conditions to permits and specifies what types of conditions may be attached. Provision must be included enabling revocation of a permit where a condition attached to that permit is broken – regulation 10. Schemes may also specify the conditions that will apply in respect of works that, by virtue of exceptions in the scheme, do not need a permit before they are begun – or include provision enabling the Permit Authority to specify such conditions - regulation 13. Schemes may include provision requiring a provisional advance authorisation to be obtained as part of the permit application process. Copies of such applications are required to be provided on request to relevant authorities comprising bridge, sewer, street and transport authorities as well as persons with apparatus in the street. Such an authorisation provides an indication of likely future approval of the related permit application – regulation 11. Matters are specified to which the Permit Authority must have regard when considering an application for a permit or a provisional advance authorisation for works to be undertaken during a period when the carrying out of street works is restricted the street authority by reason of the earlier undertaking of substantial road works in the street the subject of the application – regulation 14. Schemes must allow for the variation or revocation of permits and permit conditions. The information required on application for any such variation or revocation and the time within which it must be considered must be set out. The Permit Authority’s policy in respect of the exercise of its initiative in reviewing, varying or revoking permits and permit conditions must be included in the scheme – regulation 15. Time limits for responding to applications for permits, provisional advance authorisations, permit variations and variations to permit conditions must be set out in the scheme. Failure on the part of the permit authority to respond to any application in accordance with these time limits results in that application being deemed to have been granted – regulation 16. Interested parties are required to be notified at least 4 weeks before a scheme takes effect as well as before it is varied or revoked – regulation 17. The Permit Authority is enabled to take reasonable steps to address cases where works are done without a required permit or in breach of a permit condition – regulation 18. Such cases will also constitute summary offences attracting a fine not exceeding level 5 on the standard scale (£5,000) where works are done without a required permit or level 4 (£2,500) if in breach of a permit condition – regulations 19 and 20. A fixed penalty notice regime provides a possible alternative to criminal liability – regulations 21 to 28. Fees are payable for the issue of a permit, an application for a permit where the scheme requires a provisional advance authorisation to be obtained as well as on the occasion of a variation of a permit or conditions attached to a permit – but not for a deemed issue or variation or variation not sought by the permit holder. Schemes must set out the range of fees payable and the applicable criteria when different fees are payable in respect of different works. Maximum fees are specified. In cases where applications are the subject of a programme designed to produce the least impact for users of the street in terms of timing or extent a discount of 30% is required for all of the applications – regulations 30 to 32. A register of permits is required to be created and maintained within which certain information must be included – regulation 33. The Permit Authority must afford public access to the register save for information that is certified to be restricted, when access is limited – regulation 34 Certain provisions of the New Roads and Street Works Act 1991 and the Street Works (Registers, Notices, Directions and Designations) (England) Regulations 2007 may, by the order giving effect to a permit scheme made under section 34 of the Traffic Management Act 2004, be applied, disapplied or modified in their application to works in streets the subject of a permit scheme – regulation 35 to 38. Provision is made enabling service of notices by electronic means and otherwise describing how service may be effected – regulation 39. Permit authorities are required to operate permit schemes without discrimination - regulation 40. A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from Traffic Management Division 7, Department for Transport, Zone 2/09 Great Minster House, London SW1P 4DR. A copy is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website at www.opsi.gov.uk. A copy has also been placed in the Library of each House of Parliament.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

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