UK Offence Report

1 Any person who knowingly supplies information that is false in a material particular for the purpose of…

paragraph 18(1) of SCHEDULE of The Environmental Protection (Controls on Ozone–Depleting Substances) (Amendment) Regulations 2008

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 knowingly supplies information that is false in a material particular for the purpose of obtaining from the Commission— a a licence under Article 6(1); or b an authorisation under Article 12(1) or 12(4), commits an offence.

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 This is the text as originally made; later amendments are not shown here.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
making a false or misleading statement
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 (for the purpose of obtaining, knowingly).

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: knowingly, for the purpose of obtaining.

What would breach paragraph 18(1) of SCHEDULE?

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. Entering a figure on a form or return that is known to be wrong under the Environmental Protection (Controls on Ozone–Depleting Substances) (Amendment) Regulations 2008.
  2. Leaving out something the form asks for, where the omission is what makes the answer misleading.
  3. Producing a document to an official that has been altered since it was issued.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated here: this instrument amends another one, and the penalty for the offence is in the instrument being amended.

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
16 January 2008
In force from
15 February 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 amend the Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2002, S.I. 2002/528 (“the 2002 Regulations”). The 2002 Regulations make provision in relation to Council Regulation No 2037/2000 on substances that deplete the ozone layer (OJ L 244, 29.9.2000, p. 1), as amended, (“the principal Regulation”). The main changes are as follows. The application of the 2002 Regulations is extended to offshore installations in the marine area; see new regulation 1A, inserted by paragraph 1 of the Schedule to these amending Regulations. The definition of “the marine area” is contained in new regulation 2(1) and the definition of “offshore installation” is contained in new regulation 2(1A), inserted by paragraph 2 of the Schedule to these amending Regulations. Regulation 2(1) of the 2002 Regulations, which contains a number of definitions, is amended by paragraph 2 of the Schedule to these amending Regulations. In particular, new regulation 2(1) contains a new definition of “enforcing authority”. Regulation 3 of the 2002 Regulations is amended so as to provide that the Secretary of State is the competent authority in respect of offshore installations; see paragraph 3 of the Schedule to these amending Regulations. By paragraph 5(1) of the Schedule to these amending Regulations, regulations 9 to 14 of the 2002 Regulations are replaced by new regulations 9 to 21. The Schedule to the 2002 Regulations continues to have effect by virtue of paragraph 5(2) of the Schedule to these amending Regulations. New regulations 9 to 11 confer powers on the Secretary of State to require the disposal of substances, products and equipment imported, placed on the market or exported in contravention of the principal Regulation. New regulation 12 contains provisions about fumigation for quarantine or preshipment using methyl bromide. New regulation 13 contains enforcement powers and new regulations 15 and 16 contain provisions concerning enforcement and prohibition notices which may be served in the event of the contravention or likely contravention of certain provisions of the principal Regulation. New regulation 18 contains provisions about offences under the 2002 Regulations and new regulation 20 sets out the penalties in respect of such offences. New regulation 21 provides who is to enforce the 2002 Regulations. Amendments to the Schedule to the 2002 Regulations are contained in paragraphs 6 and 7 of the Schedule to these amending Regulations. A full regulatory impact assessment of the effect that this instrument will have on the costs of business is available from the Department for Environment, Food and Rural Affairs. Global Atmosphere Division, Area 3F, Ergon House, c/o 17, Smith Square, London, SW1P 3JR. A copy has 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 0.92.

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