UK Offence Report

Offences and Penalties

regulation 11(1) of The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Electromagnetic Fields) Regulations 2016

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 fails to comply with regulations 5, 6, 8, 9, 10 or 20 is guilty of an offence and is liable— a on summary conviction— i in England and Wales to a fine; or ii in Scotland or Northern Ireland to a fine not exceeding the statutory maximum; or b on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or both.

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 This is the text as originally made; later amendments are not shown here.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
failing to do something the instrument requires
Fault element
Mixed — some elements strict, some not
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove the conduct, and - for those elements the provision qualifies - the state of mind it names. The remaining elements carry no fault requirement, so they are strict.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: the offence itself carries no fault word, but a duty it criminalises by cross-reference uses so far as is reasonably practicable, reasonably practicable; which element that governs was not determined.

What would breach regulation 11(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. On these words an offence is committed where a person fails to comply with regulations 5, 6, 8, 9, 10 or 20.
  2. Not doing what the provision requires under the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Electromagnetic Fields) Regulations 2016, by the time it requires it to be done.
  3. Doing it, but not in the manner or to the standard the instrument specifies.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£1,000
Standard scale
Level 3
Maximum prison (summary)
Not determined
Maximum prison (on indictment)
2 years

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
24 October 2016
In force from
21 November 2016
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.

In relation to workers on United Kingdom ships, and other ships while in United Kingdom waters, these Regulations implement Directive 2013/35/EU of 26th June 2013 on the minimum health and safety requirements regarding the exposure of workers to risks arising from physical agents (electromagnetic fields) (20th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) and repealing Directive 2004/40/EC. This Directive has been implemented in respect of other workers by the Control of Electromagnetic Fields at Work Regulations 2016. The Regulations apply to United Kingdom ships as defined in regulation 2, and, as respects regulations 4, 14 and 16 only, to other ships while in United Kingdom waters. They apply to activities in which workers on ships are, or are likely to be, exposed to risks arising from exposure to electromagnetic fields (regulation 5) and apply exposure limit values. They impose obligations on employers and other persons who have control of matters to which the Regulations relate (regulations 6 to 10 and 18 to 21). The Regulations require employers to carry out an assessment of the potential exposure of workers to electromagnetic fields (regulation 6) and the risks arising out of such exposure (regulation 9), unless prior to these Regulations coming into force the employer had already made an assessment that would have complied with the requirements for such assessments. Employers are required to make and implement an action plan to ensure workers are not exposed to electromagnetic field levels in excess of the exposure limit values (regulation 8). Employers are required to ensure, as far as reasonably practicable, that any risks identified are eliminated or reduced to a minimum (regulation 10). Employers are also required to provide workers with relevant information and training (regulation 19). Employers are required to ensure health surveillance and medical examinations are provided as appropriate (Regulation 20). There are provisions for enforcement (regulations 11 to 17) and a provision prohibiting the levying of a charge on a worker for anything done under the Regulations (regulation 18). The duties of employers under these Regulations are extended to other persons who have control of the matter (Regulation 22). The Secretary of State may exempt employers from having to comply with the exposure limit values in respect of one or more work activities, providing the exemption is limited in time and subject to prescribed safety conditions (Regulation 23). The provisions of these Regulations are extended to seafarers (Regulation 24). The Secretary of State must review the operation and effect of the Regulations and publish a report within 5 years after they come into force and every five years after that. Following a review, it will fall to the Secretary of State to consider whether the Regulations should continue in force with or without amendment. A further instrument would be needed to revoke the Regulations (Regulation 25). An impact assessment of the effect of these Regulations on the cost to business has been prepared and copies can be obtained from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton, SO15 1EG. A copy of the Transposition Note is also available from the Maritime and Coastguard Agency. These documents are also annexed to the Explanatory Memorandum which is available on the website, www.legislation.gov.uk.

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