UK Offence Report

Obstructing, or failing to co-operate with, powers of entry

regulation 25(1) of The Operation of Air Services ... (Pricing etc.) 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 It is an offence for

a person intentionally and without reasonable excuse—

a to obstruct, or fail to co-operate with, an authorised officer who is exercising or seeking to exercise

a power under regulations

21 to 24;

b to withhold information requested by such an officer; or

c to provide false or misleading information to such an officer.

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 This is the text as originally made; later amendments are not shown here.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
an authorised officer
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

1 It is an offence for a person intentionally and without reasonable excuse— a to obstruct, or fail to co-operate with, an authorised officer who is exercising or seeking to exercise a power under regulations 21 to 24; b to withhold information requested by such an officer; or c to provide false or misleading information to such an o

What would breach regulation 25(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. Refusing to let an inspector onto premises they are entitled to enter under the Operation of Air Services ... (Pricing etc.) Regulations 2013.
  2. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  3. 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 (2013-04-06); 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
5 March 2013
In force from
6 April 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 make provision for implementing Chapter IV of Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24th September 2008 on common rules for the operation of air services in the Community (OJ L 293, 31.10.08, p.3). These Regulations also amend the Operation of Air Services in the Community Regulations 2009 and revoke the Licensing of Air Carriers Regulations 1999. Regulation 2 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. Article 24 of the EC Regulation requires the member States to ensure compliance with the rules set out in Chapter IV and lay down penalties for infringements of those rules. Regulations 3 to 36 provide for an enforcement system to meet this obligation. Regulation 4 specifies the CAA and the OFT as enforcers for the purpose of enforcing Article 23 of the EC Regulation. The enforcement regime provides for— a power for the courts to make an enforcement order on application of an enforcer: regulation 12; b power for the courts to make an interim enforcement order on application of an enforcer: regulation 13; c power for an enforcer to accept an undertaking instead of seeking an enforcement order: regulation 14; d further proceedings to be taken by an enforcer following breach of an undertaking, enforcement order or an interim enforcement order: regulation 15; e power for enforcers to seek information for the purpose of ascertaining whether there is an infringement of Article 23 or whether a person has complied with an order: regulation 18; f power for officers of an enforcer to enter premises with or without warrant: regulations 21, 23 and 24; g power for officers of an enforcer to observe the business and inspect goods and documents on the premises, to require the production of goods or documents, to seize goods or documents, and to seize, remove and retain goods and documents: regulations 22. Regulation 25 creates a new criminal offence of obstructing or failing to cooperate with powers of entry. Regulations 28 to 31 make provision so that the Regulations do not conflict with the requirements of European Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society service, in particular electronic commerce in the Internal Market (OJ L 178, 17.07.2000, p.1), known as the E-Commerce Directive. Regulation 28 provides that where a service provider is established in the United Kingdom, to the extent these Regulations are concerned with the enforcement of Article 23, they apply to anything done by that service provider in providing the information society service in another EEA state. It also provides that where the service provider is established in an EEA state other than the United Kingdom, they do not apply to anything done by the service provider in providing the information society service. Regulations 29 to 31 provide for various exceptions in respect of intermediary internet service providers in accordance with Articles 12 to 14 of the E-Commerce Directive. Regulations 32 to 36 provide for sharing of information between enforcers and for disclosure of information with consent, and for the purpose of civil and criminal proceedings. Regulation 37 amends the Operation of Air Services in the Community Regulations 2009 by adding a requirement for the Secretary of State to review the operation and effect of those regulations and to publish a report within five years after such requirement comes into force and within every five years after that. Regulation 37 also provides for appeal procedures in respect of decisions of the Secretary of State and the CAA relating to approvals for leased aircraft pursuant to regulations 15 and 16 of the 2009 regulations. The Licensing of Air Carriers Regulations 1999 are revoked: regulation 38. The process set out in the 1999 regulations is replaced by the procedure set out in regulation 37. An impact assessment of the effect that the instrument will have on the costs of business, the voluntary sector and the public sector is available from the Department for Transport, Great Minster House, 33 Horseferry Road, London SW1P 4DR and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk. A copy has also been placed in the Library of each House of Parliament.

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 0.90.

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