UK Offence Report

Remediation orders

regulation 18(1) of The Cosmetic Products Enforcement Regulations 2013

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 This regulation applies where

a person commits an offence under these Regulations in respect of

a matter which appears to the court to be

a matter which it is in the person’s power to remedy.

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 This is the text as originally made; later amendments are not shown here.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
Legal burden on the defendant

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.

The provision gives a defence the defendant must prove, on the balance of probabilities. A legal burden of that kind can be read down to a merely evidential one under section 3 of the Human Rights Act 1998 where placing it on the defendant would be disproportionate (R v Lambert [2001] UKHL 37; Sheldrake v DPP [2004] UKHL 43).

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

The defence, as drafted

Regulations, it is a defence for a person to show that they took all reasonable steps and exercised all due diligence to avoid committing the offence. 2 A person is not, without the leave of the court, entitled to rely on the defence if it involves an allegation that the commission of the offence was due— a to the act or default of another; or b to reliance on information su

What would breach regulation 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 what the provision prohibits, or failing to do what it requires under the Cosmetic Products Enforcement Regulations 2013.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

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

The Ministry of Justice records offences under this instrument against offence code 13849 — 13849 - Summary offences under the Cosmetic Products Enforcement Regulations 2013. That code may cover several provisions of the instrument, so a count against it is not a count of prosecutions under this provision alone.

No published per-offence figure was found for this provision. Offences created by statutory instrument very largely do not have their own code in the MoJ’s Outcomes by Offence data tool. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
17 June 2013
In force from
11 July 2013
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 provide for the enforcement of Regulation (EC) No 1223/2009 of the European Parliament of the Council of 20 November 2009 on cosmetic products (recast) (OJ No L 342, 22.12.2009 p 59) (the “EU Cosmetics Regulation”). The EU Cosmetics Regulation repeals and replaces Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products (OJ No L 262, 27.09.1976 p 169) (as amended), which was implemented in the United Kingdom by the Cosmetic Products (Safety) Regulations 2008 (S.I. 2008/1284) (as amended). These Regulations revoke S.I. 2008/1284 (regulation 3, Schedule 1). Regulation 4 identifies the Secretary of State and the enforcement authority (as defined in regulation 2) as the competent authorities for the purposes of the EU Cosmetics Regulation. Regulation 5 contains additional requirements for labelling goods that are required to be created under Article 19 of the EU Cosmetics Regulation. Part 2 sets out offences, penalties and enforcement. Regulations 6 and 7 impose duties on the enforcement authorities to enforce the regulations, and give them the necessary powers. Regulation 8 provides for how notices of requirements and requests should be given. Regulation 9 requires enforcement authorities to get authorisation from the Secretary of State before taking provisional measures under Article 27 (Safeguard clause) of the EU Cosmetics Regulation. Article 27 applies in relation to cosmetic products that comply with the Articles listed in Article 25(1) of the EU Cosmetics Regulation 1223/2009, but the competent authority has reasonable grounds for concern that a product could present a serious risk to human health. Regulation 10 requires enforcement authorities to notify the Secretary of State of information which is required to be notified to the Commission or to other member States. Regulation 11 sets out what information must be provided to the Secretary of State when requesting authorisation of provisional measures or providing notification under regulations 9 and 10. Regulation 12 sets out offences under these Regulations, and regulation 13 contains penalties. Regulations 14 to 17 relate to appeals and compensation. Regulations 18 and 19 enable the court to order someone to remedy a matter or reimburse the enforcement authority for expenses of enforcement. Regulations 20 and 21 enable orders for the forfeiture of goods to be made. Regulations 22 to 24 set out time limits for prosecution, defences and liability of persons other than the principal offender. Part 3 deals with consequential amendments (which are set out in Schedule 5) and review provisions. Regulation 26 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within five years after they come into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the Regulations or to amend them. Schedule 1 lists the Regulations revoked by this regulation. Schedule 2 contains provisions relating to testing cosmetic products, powers to enter premises, powers to inspect, seize and detain cosmetic products etc, and warrants. Schedule 3 re-enacts Schedule 10 of S.I. 2008/1284. It continues the implementation of Commission Directive No 80/1335/EEC, as amended by Commission Directive No 87/143/EEC; Commission Directive No 82/434/EEC as amended by Commission Directive No 90/207/EEC; Commission Directive No 83/514/EEC; Commission Directive No 85/490/EEC; Commission Directive No 93/73/EEC; Commission Directive No 95/32/EC; and Commission Directive No 96/45/EC. Schedule 4 identifies which provisions of Regulation 1223/2009 will result in a criminal offence if breached. Schedule 5 contains consequential amendments to other legislation. A full regulatory impact assessment has not been produced for this instrument as it has a negligible impact on the costs of business.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

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 “commits 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