UK Offence Report

1 It is an offence for a person to contravene or fail to comply with any requirement of regulations 4 to 13,…

regulation 64(1) of The Simple Pressure Vessels (Safety) 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 It is an offence for

a person to contravene or fail to comply with any requirement of regulations

4 to 13, 14(4),

16 to 26, 27(4),

28 to 33, 34(4) or

37 to 38.

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 This is the text as originally made; later amendments are not shown here.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 comply with a notice or direction
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 has reason to believe; which element that governs was not determined.

What would breach regulation 64(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 it is an offence to contravene or fail to comply with any requirement of regulations 4 to 13, 14(4), 16 to 26, 27(4), 28 to 33, 34(4) or 37 to 38.
  2. Being served with a notice under the Simple Pressure Vessels (Safety) Regulations 2016 and doing nothing by the date it specifies.
  3. Doing part of what the notice requires, where it required all of it.
  4. Disagreeing with the notice and ignoring it, rather than using whatever appeal the instrument provides.

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

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
15 November 2016
In force from
8 December 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.

These Regulations transpose Directive 2014/29/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of member States relating to the making available on the market of simple pressure vessels (recast) (OJ L 96, 29.3.2014, p.45) (“the Directive”). The Directive repeals and replaces Directive 2009/105/EC of the European Parliament and of the Council of 16 September 2009 relating to simple pressure vessels (OJ L 264, 8.10.2009, p.12) which was implemented in the United Kingdom by the Simple Pressure Vessels (Safety) Regulations 1991 (S.I. 1991/2749) (as amended). These Regulations revoke and replace S.I. 1991/2749. Regulation 3 sets out the application of the Regulations to vessels as defined in Regulation 2 which are divided into two categories, Category A vessels, which are vessels of which the product of PSxV exceeds 50 bar.L, and Category B vessels, being vessels of which the product of PSxV is 50 bar.L or less. It also sets out exceptions to the application of the Regulations for certain vessels designed or intended for nuclear use, the propulsion of ships or aircraft, and for fire extinguishers. Part 2 sets out the obligations of economic operators. Regulations 4 to 16 set out the obligations that are specific to manufacturers. Category A vessels must undergo a conformity assessment to demonstrate compliance with the essential safety requirements of the Regulations, and Category B vessels (of a lower capacity and pressure and therefore a lower risk than Category A) must be designed and manufactured in accordance with sound engineering practice. Obligations include ensuring that a Category A vessel has been designed and manufactured in accordance with the essential safety requirements set out in Schedule 1, having a relevant conformity assessment procedure carried out before the vessel is placed on the market, affixing the CE marking and labelling the vessel. Regulations 15 and 16 refer to authorised representatives who may be appointed by manufacturers to perform certain tasks on their behalf. Regulations 17 to 27 set out the obligations that are specific to importers. These obligations include ensuring that they are not placing on the market vessels which are not in conformity with the essential safety requirements, checking that the manufacturer has carried out a relevant conformity assessment procedure and labelled the vessels correctly and indicating on the vessel the name and address of the importer. Regulations 28 to 34 set out the obligations that are specific to distributors. These obligations include acting with due care to ensure that vessels are in conformity with Part 2 and checking that the vessels bear the CE marking and are labelled correctly. They also include an obligation to ensure that, while it is the distributor’s responsibility, the storage and transport of a Category A vessel does not jeopardise its conformity with the essential safety requirements. Regulations 35 to 38 set out obligations which apply to all economic operators. These obligations include making sure, before making a Category A vessel available on the market, that the EU declaration of conformity is in English. They also include an obligation to identify other economic operators in the supply chain, and a prohibition on the improper use of the CE marking. Part 3 sets out provisions concerning the conformity assessment procedure, declarations of conformity and CE marking for Category A vessels. Part 4 sets out provisions concerning the bodies which carry out conformity assessment procedures under the Regulations. Part 5 sets out provisions for market surveillance and enforcement of these Regulations. Regulation 54 identifies the market surveillance authority which has an obligation to enforce the Regulations. Regulation 56 and Schedules 5-8 provide for the enforcement powers which the enforcing authorities are to have. Regulation 64 provides for the contravention of certain provisions of these Regulations to be an offence. Regulation 65 sets out the penalties that are to apply for offences under these Regulations. Part 6 sets out a review provision and transitional provisions and consequential amendments. A certificate issued under certain provisions of the Simple Pressure Vessels (Safety) Regulations 1991 (S.I. 1991/2749 as amended) will be valid under these Regulations, and those Regulations will continue to apply to vessels placed on the market before the commencement date. Regulation 78 makes consequential amendments. A transposition note and full impact assessment of the impact that these Regulations will have on the costs of business, the voluntary sector and the public sector are available from the Single Market Product Safety Team, Department for Business, Energy and Industrial Strategy, 1 Victoria Street, London SW1H 0ET and are also published with the Explanatory Memorandum alongside these Regulations on www.legislation.gov.uk.

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 0.90.

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