UK Offence Report

Contravention of The Health and Safety and Nuclear (Fees) Regulations 2015

the instrument as a whole of The Health and Safety and Nuclear (Fees) Regulations 2015 (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 This is the text as originally made; later amendments are not shown here.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 Health and Safety and Nuclear (Fees) Regulations 2015.

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
23 February 2015
In force from
6 April 2015
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 Health and Safety and Nuclear (Fees) Regulations 2015 (“the Regulations”) revoke and replace the Health and Safety (Fees) Regulations 2012 (S.I. 2012/1652) (“the 2012 Regulations”). They consolidate amendments made to the 2012 Regulations by the following amending instruments: S.I. 2013/1237, S.I. 2013/1506, S.I. 2013/1512, S.I. 2013/1948, S.I. 2014/469, S.I. 2014/1637, S.I. 2014/1638, S.I. 2014/1639, S.I. 2014/1663 and S.I. 2014/3248. The Regulations do not introduce any fee increases for fees that were prescribed by the 2012 Regulations. In addition to incorporating the amendments referred to above, the Regulations also: provide for fees payable to the Office for Nuclear Regulation under regulation 16 and Schedule 12 to be made in these Regulations under the Energy Act 2013. The fee amounts remain unchanged from the 2012 Regulations; introduce a de minimis provision relating to fees payable under regulation 8(9) and Schedule 6 in respect of dose records sent to the Health and Safety Executive; and incorporate fees payable in respect of biocidal products (see paragraph 5). Regulation 1(2) provides that these Regulations are to cease to have effect five years after they come into force (6th April 2015). Regulation 2 contains definitions. The Regulations fix or determine the fees payable by an applicant to, in most cases, the Health and Safety Executive, in respect of- an application for approval of plant of equipment under the Agriculture (Tractor Cabs) Regulations 1974 (regulation 3 and Schedule 1); applications under the Freight Containers (Safety Conventions) Regulations 1984 (regulation 4 and Schedule 2); applications for approval under the Control of Asbestos Regulations 2012 (regulation 5 and Schedule 3); examination or surveillance by an employment medical adviser (regulation 6 and Schedule 4); medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations 2002 (regulation 7 and Schedule 5); applications under the Ionising Radiations Regulations 1999 and the Radiation (Emergency Preparedness and Public Information) Regulations 2001 (regulation 8 and Schedule 6); applications under the Explosives Regulations and the Acetylene Safety (England and Wales and Scotland) Regulations 2014 (regulation 9 and Schedule 7); an application under the Petroleum (Consolidation) Regulations 2014 (regulation 10 and Schedule 7); applications under Part 9 of the Dangerous Substances in Harbour Areas Regulations 1987 (regulation 11 and Schedule 8); applications and notifications under the Genetically Modified Organisms (Contained Use) Regulations 2014 (regulation 13 and Schedule 9); offshore installations (regulation 14 and Schedule 10); gas safety functions (regulation 15 and Schedule 11); nuclear installations (regulation 16 and Schedule 12); offshore first-aid and medical training (regulation 18 and Schedule 13); and notifications under the Borehole Sites and Operations Regulations 1995 (regulation 20 and Schedule 14). Under regulation 21 and Schedule 15, fees are prescribed that are payable under Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products and the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013. These fees were previously prescribed in the Biocidal Products (Fees and Charges) Regulations 2013, which are revoked by regulation 26. Regulation 21 does not reproduce the annual charge made under those Regulations. Under regulations 22 to 24, fees are payable in respect of functions performed by the Executive if a person is in contravention of the relevant statutory provisions (“fees for intervention”. Regulation 25 requires the Secretary of State to review the operation and effect of these Regulations and to publish a report within three years after the Regulations come into force. Following the review it will fall to the Secretary of State to consider whether the Regulations should be allowed to expire as regulation 1(2) provides, be revoked early, or continue in force with or without amendment. Given the effect of regulation 1(2), a further instrument would be needed to continue the Regulations in force with or without amendment or to revoke them early. Regulation 26(1) revokes the Health and Safety (Fees) Regulations 2012 and the Biocidal Products (Fees & Charges) Regulations 2013 subject to regulation 26(2). Regulation 26(2) sets out those provisions of the Biocidal Products Regulations 2001 which continue to apply for the purposes of calculating the fee payable in respect of the evaluation of applications for biocidal product authorisations submitted before 1 September 2013. An impact assessment of the effect that the fees introduced by these Regulations will have on the costs of business and the voluntary sector is published with the Explanatory Memorandum which is available alongside the instrument at www.legislation.gov.uk. “Guidance on the application of Fee for Intervention” (1st edition) can be downloaded without charge at www.hse.gov.uk, and a priced copy may be purchased from HSE Books, PO Box 1999, Sudbury, Suffolk CO10 2WA.

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 0.59.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.59 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