UK Offence Report

SCHEDULE 4

SCHEDULE 4 of The Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012

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

PART 2 OFFENCES 8 It is an offence for a person intentionally to obstruct an authorised person in the exercise of his powers or duties.

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 This is the text as originally made; later amendments are not shown here.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
obstructing an official exercising a power
Fault element
Requires proof of a state of mind
Burden of proof
An element of the offence, for the prosecution to prove

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (intentionally).

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: mens rea word in the offence-creating words: intentionally; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

e of his powers or duties. 9 It is an offence for a person, without reasonable excuse— a to fail to comply with any requirement imposed under Part 1; b to fail or refuse to provide facilities or assistance or any information or to permit any inspection reasonably required by an authorised person in the exercise of his powers or duties under th

What would breach SCHEDULE 4?

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 obstruct an authorised person in the exercise of his powers or duties.
  2. Refusing to let an inspector onto premises they are entitled to enter under the Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012.
  3. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  4. Physically blocking an examination, or removing something an officer has said they intend to inspect.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£5,000
Standard scale
Level 5
Maximum prison (summary)
Not determined

this is the level 5 value when the instrument came into force (2012-07-27); the standard scale is keyed to the date the offence was committed, and for conduct today the same words mean an unlimited fine.

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
27 June 2012
In force from
27 July 2012
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 revoke and remake with amendments the Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2005 (SI 2005/2773). They implement Directive 2004/42/EC of the European Parliament and of the Council on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints, varnishes and vehicle refinishing products (the VOCs in Paints Directive) (OJ L 143, 30.4.2004, p. 87). In particular these Regulations transpose, by Schedule 3, the new analytical methods for determining VOC content contained in Directive 2010/79/EU on the adaptation to technical progress of Annex III to Directive 2004/42/EC (OJ L 304, 20.11.2010, p. 18). The VOCs in Paints Directive lays down maximum content limit values for volatile organic compounds. The second phase of that limitation in respect of paints and varnishes was effective from 1st January 2010. These limits are set out in table A of Schedule 2. Reference in the 2005 regulations to the first phase has been deleted as has the transitional period which has now passed. The single set of content limit values in respect of vehicle refinishing products is set out in table B of Schedule 2. Regulation 3 applies the Regulations to the products covered by Schedule 1 unless they are for use outside the EU or are for uses regulated for the purposes of Council Directive 1999/13/EC on the limitation of emissions of Volatile Organic Solvents due to the use of organic solvents in certain activities and installations (the Solvent Emissions Directive). Regulation 4 prohibits the marketing of the products listed in Schedule 1 unless they have a VOC content which does not exceed the limit values in Schedule 2. Schedule 3 sets out the analytical methods to be applied in determining the VOC content of the products. Regulation 5 requires that products listed in Schedule 1 carry a label giving the maximum VOC content of that product in a ready to use condition. Regulation 6 deals with enforcement and Schedule 4 contains specific provisions regarding enforcement in Northern Ireland. Regulation 7 requires the Secretary of State to establish a programme of monitoring so as to verify compliance with the Regulations. Regulation 8 creates an offence of failing to comply with regulation 4 and prescribes penalties. The maximum penalties are a fine on conviction on indictment, and on summary conviction, a fine of the statutory maximum which, at the time of making these Regulations, is £5,000. Regulation 9 imposes upon the Secretary of State an obligation to review the regulations after 5 years. An impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Better Regulation Programme, Department for Environment, Food and Rural Affairs, Ergon House, Horseferry Road, London SW1P 2AL. It is published at www.legislation.gov.uk alongside the Explanatory Memorandum and this instrument.

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