UK Offence Report

Penalties

article 11(3) of The Air Navigation (Single European Sky) (Penalties) Order 2009

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

3 Any person who fails to comply with any obligation imposed upon him by— a article 5, or b a designation made under article 9 of the service provision regulation, is guilty of an offence and is liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

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 This is the text as originally made; later amendments are not shown here.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
failing to do something the instrument requires
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 (with intent to) - 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 with intent to; which element that governs was not determined.

What would breach article 11(3)?

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. On these words an offence is committed where a person fails to comply with any obligation imposed upon him by— a article 5, or b a designation made under article 9 of the service provision regulation.
  2. Not doing what the provision requires under the Air Navigation (Single European Sky) (Penalties) Order 2009, by the time it requires it to be done.
  3. Doing it, but not in the manner or to the standard the instrument specifies.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£2,500
Standard scale
Level 4
Maximum prison (summary)
Not determined
Maximum prison (on indictment)
2 years

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
8 July 2009
In force from
1 September 2009
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 Order) — the explanatory note published with the instrument, © Crown copyright.

This Order makes provision in respect of the enforcement of EC measures relating to the single European sky comprising— a Regulation (EC) No 550/2004 of the European Parliament and of the Council on the provision of air navigation services in the single European sky (O.J. No. L 96, 31.3.2004, p. 10), b Regulation (EC) No 552/2004 of the European Parliament and of the Council on the interoperability of the European Air Traffic Management network (O.J. No. L 96, 31.3.2004, p. 26), c Commission Regulation (EC) No 2096/2005 laying down common requirements for the provision of air navigation services (O.J. No. L 335, 21.12.2005, p. 13), and d Commission Regulation (EC) No 1794/2006 laying down a common charging scheme for air navigation services (O.J. No. L 341, 7.12.2006, p. 3). In relation to the instrument at (a) the Order precludes a person providing air navigation services when not certificated, precludes the provision of an air traffic service contrary to the terms of any exclusive designation under article 8 of that instrument notified by the CAA, precludes the provision of meteorological services within an exclusive airspace area unless the provider is the designated provider of those services and precludes the use by air navigation service providers of the services of other air navigation service providers that have not been certificated – articles 3 to 6. In relation to the instrument at (b) the Order precludes the use of any system or constituent of the European air traffic management network contrary to any prohibition on its use or any restriction on the area of its operation that has been established by the CAA under article 7 of that instrument and notified by it – article 7. In relation to the instruments at (c) and (d) the Order empowers authorised persons to undertake inspections and surveys to monitor compliance with those instruments and requires the provision of facilities and equipment and the provision of oral explanations necessary to facilitate that compliance monitoring – article 8. It creates offences relating to the use or lending of false certificates or designations, the making of false representations or declarations and the provision of false documents or oral explanations – article 9. It creates an offence for obstruction of inspections and surveys – article 10. Penalty provisions are created and a due diligence defence provided – articles 11 to 13. An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. The Explanatory Memorandum relating to this instrument is available, alongside this instrument, on the Office of Public Sector Information 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

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”; the provision states liability on summary conviction
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