UK Offence Report

1 Any person who contravenes or attempts to contravene or knowingly allows a contravention of— a the…

article 18(1) of The Environment Agency (Inland Waterways) Order 2010

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 contravenes or attempts to contravene or knowingly allows

a contravention of—

a the requirements of article 4(1) (requirement for registration);

b the terms of any exemption granted under article 4(3) (requirement for registration), article 11(3) (insurance), article 12(6) (construction and equipment standards) or article 15(6) (additional requirements for commercial vessels);

c the requirements of article 11(1) (insurance);

d the requirements of article 12(4) (construction and equipment standards);

e the requirements of article 14(1) (inspection of vessels); or

f the requirements of article 15(4) (additional requirements for commercial vessels), is guilty of 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 This is the text as originally made; later amendments are not shown here.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
contravening a requirement of the instrument
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 (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.

What would breach article 18(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 the thing the provision prohibits under the Environment Agency (Inland Waterways) Order 2010, whatever the reason for doing it.
  2. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£1,000
Standard scale
Level 3
Maximum prison (summary)
Not determined

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 March 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 Order) — the explanatory note published with the instrument, © Crown copyright.

This Order makes provision for a new uniform registration system to govern use of the main inland waterways in respect of which the Environment Agency is the navigation authority. The particular waterways to which the Order relates comprise certain waterways known as the Anglian waterways, the river Thames above Teddington Lock and the Upper Medway in Kent. The Order also confers additional powers upon the Environment Agency in respect of the waterways and amends or repeals provisions of existing legislation where required in consequence of the new powers conferred by the Order. It also amends the existing definitions of the Anglian waterways to bring within the Agency’s jurisdiction an additional stretch of the Little Ouse between Brandon Staunch and Brandon Bridge and the Great Ouse Relief Channel between the Head sluice lock at Denver and the Tail sluice at Saddlebrow.

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”
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