UK Offence Report

Contravention of The Notification of Conventional Tower Cranes Regulations 2010

the instrument as a whole of The Notification of Conventional Tower Cranes Regulations 2010 (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

Contravening this instrument is an offence under section 33(1)(c) of the Health and Safety at Work etc. Act 1974. The instrument itself contains no offence-creating words.

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 This is the text as originally made; later amendments are not shown here.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
Not determined

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.

Classifier’s reasoning: contravention offences of this kind are strict as to the breach; the fault position is governed by the parent Act and was not read from it.

What would breach the instrument as a whole?

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 Notification of Conventional Tower Cranes Regulations 2010.

Penalty

Mode of trial
Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine
Not determined
Maximum prison (summary)
Not determined

The instrument does not state a penalty itself. It sets one by reference to section 33(1)(c) of the Health and Safety at Work etc. Act 1974.

the penalty is in the parent Act, not in this instrument.

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
15 February 2010
In force from
6 April 2010
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.

The Regulations require an employer who provides for use, or whose employee uses, a conventional tower crane at work on a construction site, to notify the Health and Safety Executive (“the Executive”) of information relating to the conventional tower crane mentioned in the Schedule to these Regulations. The duties under the Regulations apply also to— a self-employed person, in respect of a conventional tower crane he uses at work; and a person who has control to any extent of the management, supervision and use of a conventional tower crane, subject to the extent of that control. Regulation 4(1)(a) requires an employer to notify the Executive of the information relating to the conventional tower crane as mentioned in the Schedule to these Regulations, within 14 days of the completion of the thorough examination of the conventional tower crane, (required by the Lifting Operations and Lifting Equipment Regulations 1998). Regulation 4(1)(b) requires that where no thorough examination has been carried out (as is referred to in regulation 4(1)(a)) in respect of that conventional tower crane within 14 days of its installation by the employer, they must notify the Executive of the information mentioned in paragraphs 1 to 3 of the Schedule, as soon as reasonably practicable. In addition, an employer must also notify the Executive of the information in paragraphs 4 to 6 of the Schedule, which relates to any subsequent thorough examination, within 14 days of that information becoming available. Regulation 4(2) requires an employer to notify the Executive of the information mentioned in the Schedule within 14 days of any thorough examination carried out following a periodic examination of the conventional tower crane (required by the Lifting Operations and Lifting Equipment Regulations 1998). The Regulations also contain provision for conventional tower cranes which were installed and thoroughly examined prior to the commencement of these Regulations (regulation 6) and provision for exemption certified by the Secretary of State for Defence, in the interests of national security (regulation 5). 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 the Health and Safety Executive, Economic Advisers Unit, Redgrave Court, Merton Road, Bootle, Merseyside L20 7HS.

Read the full note and every offence in this 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 0.63.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.63 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