UK Offence Report

2 It is an offence for any person to contravene or fail to comply with any requirement of a withdrawal or…

regulation 76(2) of The Pressure Equipment (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

2 It is an offence for any person to contravene or fail to comply with any requirement of

a withdrawal or recall notice served on that person by an enforcing authority under these Regulations.

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 This is the text as originally made; later amendments are not shown here.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
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

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

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

What would breach regulation 76(2)?

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 a withdrawal or recall notice served on that person by an enforcing authority under these Regulations.
  2. Being served with a notice under the Pressure Equipment (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 these Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations transpose Directive 2014/68/EU of the European Parliament and of the Council of 15th May 2014 on the harmonisation of the laws of member States relating to the making available on the market of pressure equipment (recast) (OJ No L 189, 27.6.2014 p164) (“the Directive”). The Directive repeals and replaces Directive 1997/23/EC of the European Parliament and of the Council of 29th May 1997 relating to pressure equipment (OJ L 181, 9.7.1997, p.1) which was implemented in the United Kingdom by the Pressure Equipment Regulations 1999 (S.I. 1999/2001) (as amended). These Regulations revoke and replace S.I. 1999/2001. Article 13 of the Directive (classification of pressure equipment) was required to be implemented by 28th February 2015 and was transposed by S.I. 2015/399 which amended S.I. 1999/2001. That amendment has been incorporated into these Regulations. Regulation 3 sets out the application of the Regulations to pressure equipment and assemblies as defined in Regulation 2. Regulation 4 introduces Schedule 1 which sets out exceptions to the application of the Regulations for certain types of equipment and for equipment covered by certain other EU legislation. Regulation 5 sets out an exception for the showing of pressure equipment at trade fairs, exhibitions and demonstrations. Regulations 6 and 7 detail the types of pressure equipment and assemblies of pressure equipment which must comply with the essential safety requirements of the Directive, and regulation 8 details the pressure equipment and assemblies, generally for lower temperatures or pressures, which must comply with sound engineering practice. Part 2 sets out the obligations of economic operators. Regulations 9 to 19 set out the obligations that are specific to manufacturers. Manufacturers must ensure that pressure equipment or assemblies coming within regulation 6 or 7 comply with the essential safety requirements of the Directive set out in Schedule 2, and must classify the equipment and carry out the relevant conformity assessment procedure before the vessel is placed on the market, affixing the CE marking, labelling the equipment and ensuring it is accompanied by instructions and safety information. More limited obligations apply to pressure equipment and assemblies coming within regulation 8. Manufacturers must also take monitor pressure equipment and assemblies and take corrective action if it is found not to be in conformity with the requirements of these Regulations. Regulation 19 refers to authorised representatives who may be appointed by manufacturers to perform certain tasks on their behalf. Regulations 20 to 29 set out the obligations that are specific to importers. These obligations include ensuring that they are not placing on the market pressure equipment or assemblies 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 equipment correctly and indicating on the equipment the name and address of the importer. Regulations 30 to 36 set out the obligations that are specific to distributors. These obligations include acting with due care to ensure that pressure equipment and assemblies are in conformity with Part 2 and checking that the equipment bears 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 pressure equipment does not jeopardise its conformity with the essential safety requirements. Regulations 37 to 39 set out obligations which apply to all economic operators. These obligations include making sure, before making pressure equipment or assemblies 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, declaration of conformity and CE marking for pressure equipment and assemblies coming within Regulation 6 or 7. It also sets out provisions for the issuing of European approval for materials. Part 4 sets out provisions concerning notification and monitoring of 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 66 identifies the market surveillance authority which has an obligation to enforce the Regulations. Regulation 68 and Schedules 7 to 9 provide for the enforcement powers which the enforcing authorities are to have. Regulation 76 provides for the contravention of certain provisions of these Regulations to be an offence. Regulation 77 sets out the penalties that are to apply for offences under these Regulations. Regulation 84 sets out provision for appeals against notices served under these Regulations. Part 6 sets out a review provision, transitional provisions, revocations and savings and introduces Schedule 12 (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