UK Offence Report

Leakage checks of fire protection systems

regulation 7(1) of The Fluorinated Greenhouse Gases Regulations 2009 (revoked)

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 qualified person to fail to comply with Article 3, 4.1, 4.2 or

6 of Commission Regulation 1497/2007 (checks of records, carrying out of checks and follow-up checks).

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 This is the text as originally made; later amendments are not shown here.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 qualified person
Conduct
failing to do something the instrument requires
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 qualified 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 7(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. On these words it is an offence to fail to comply with Article 3, 4.
  2. Not doing what the provision requires under the Fluorinated Greenhouse Gases Regulations 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
£5,000
Maximum prison (summary)
Not determined

expressed as the statutory maximum (the prescribed sum): the same words mean £5,000 in England and Wales and £10,000 in Scotland.

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
4 February 2009
In force from
Not determined
Extent
N.I.

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.

The Regulations revoke and remake with amendments the Fluorinated Greenhouse Gases Regulations 2008 (S.I. 2008/41). These Regulations give effect to Regulation (EC) No 842/2006 of the European Parliament and of the Council on certain fluorinated greenhouse gases (OJ No L 161, 14.6.06, p 1) (“the Council Regulation”). The term “fluorinated greenhouse gases” is defined in Article 2(1) of the Council Regulation. These Regulations also give effect to the following Commission Regulations relating to certain fluorinated greenhouse gases— a Commission Regulation (EC) No 1493/2007 (OJ No L 332, 18.12.07, p 7); b Commission Regulation (EC) No 1494/2007 (OJ No L 332, 18.12.07, p 25); c Commission Regulation (EC) No 1497/2007 (OJ No L 333, 19.12.07, p 4); d Commission Regulation (EC) No 1516/2007 (OJ No L 335, 20.12.07, p 10); e Commission Regulation (EC) No 303/2008 (OJ No L 92, 3.4.08, p 3); f Commission Regulation (EC) No 304/2008 (OJ No L 92, 3.4.08, p 12); g Commission Regulation (EC) No 305/2008 (OJ No L 92, 3.4.08, p 17); h Commission Regulation (EC) No 306/2008 (OJ No L 92, 3.4.2008, p 21); i Commission Regulation (EC) No 307/2008 (OJ No L 92, 3.4.2008, p 25); and j Commission Regulation 308/2008 (OJ No L 92, 3.4.2008, p 28). The Regulations provide that references to Commission Regulation 1493/2007 and to Commission Regulation 1494/2007 are references to those Commission Regulations as amended from time to time. The Regulations extend to England, Wales and Scotland. They also extend to Northern Ireland for the purposes of importation. The Regulations apply to offshore installations and Scottish offshore installations. (The terms “offshore installation” and “Scottish offshore installation” are defined in regulation 3(5) and (6)). The main provisions of the Regulations are as follows. Regulation 4 appoints the Secretary of State as the competent authority for the purposes of the Council Regulation, save that the Scottish Ministers are the competent authority for such purposes as regards Scottish offshore installations. Part 2 of the Regulations (regulations 5 to 18) contains provisions which create offences for breaches of the provisions of the Council Regulation and the Commission Regulations. Regulations 5 to 8 create a number of offences for failure to comply with the provisions of the Council Regulation relating to the operation and leakage checking of certain equipment containing fluorinated greenhouse gases. Regulation 9 creates a number of offences for failure to comply with the provisions of the 2006 Regulation and of certain of the Commission Regulations relating to the keeping of records. Regulation 10 creates a number of offences for failure to comply with the provisions of the 2006 Regulation relating to the recovery of fluorinated greenhouse gases. Regulation 11 makes it an offence to take delivery of fluorinated greenhouse gases in breach of the provisions of the Council Regulation and regulation 12 makes it an offence to fail to comply with the reporting requirements of Article 6 the Council Regulation. Regulation 13 creates offences relating to the labelling of a product or equipment which contains fluorinated greenhouse gases. Regulation 14 contains provisions about the information concerning fluorinated greenhouse gases which must be included in instruction manuals relating to certain equipment placed on the market. (The term “placing on the market” is defined in regulation 3(1)). Regulation 15 makes it an offence to use sulphur hexafluoride contrary to Article 8 of the Council Regulation. Regulations 16 to 18 are concerned with unlawful placing on the market and importation. Part 3 of the Regulations (regulations 19 to 44) gives further effect to certain of the Commission Regulations and is concerned with the appointment of certification, attestation and evaluation bodies and the qualifications and certificates to be held by individuals and companies to enable them to carry out various activities relating to certain equipment containing fluorinated greenhouse gases. It is an offence to carry out certain activities without the requisite qualification or certificate. It is also an offence on the part of certification, attestation and evaluation bodies to fail to comply, or ensure compliance with, certain provisions of the Commission Regulations. Chapter 1 of Part 3 (regulations 19 to 25) relates to stationary refrigeration, air conditioning and heat pump equipment. Chapter 2 (regulations 26 to 32) relates to fire protection systems and fire extinguishers. Chapter 3 (regulations 33 to 35) relates to high-voltage switch gear and Chapter 4 (regulations 36 to 38) relates to fluorinated greenhouse gas-based solvents. Chapter 5 (regulations 39 to 41) is concerned with air conditioning systems in motor vehicles. Chapter 6 (regulations 42 to 44) contains provisions imposing obligations on employers relating to the employment of qualified personnel and transitional provisions relating to training records created under regulation 19(2) of the Fluorinated Greenhouse Gases Regulations 2008. Chapter 6 also imposes obligations on certification, attestation and evaluation bodies. Part 4 of the Regulations (regulations 45 to 56) contains provisions relating to enforcement, offences and penalties. Regulations 45 and 46 relate to the appointment, and powers, of persons to enforce the Regulations. Such persons are appointed by the enforcing authority. (The term “enforcing authority” is defined in regulation 3(3).) Regulations 48 and 49 are concerned with enforcement and prohibition notices and appeals against such notices. A number of miscellaneous offences are created by regulation 51. Regulation 53 sets out the penalties to which a person is liable if that person commits an offence. Regulation 54 contains provisions enabling a penalty notice to be issued in respect of an offence under regulation 5 relating to certain equipment in a dwelling house. The payment of the penalty in accordance with the regulation will discharge the liability to conviction for the offence. The form of the penalty notice is set out in Schedule 3. Regulation 55 confers a power on the Secretary of State to require the disposal of products or equipment containing fluorinated greenhouse gases unlawfully imported or their removal from the United Kingdom or an offshore installation. A similar power is conferred on the Scottish Ministers as regards Scottish offshore installations. Regulation 56 provides who is to enforce the Regulations. A full 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, Atmospheric Quality and Industrial Pollution, 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 0.90.

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