UK Offence Report

1 A person commits an offence if the person, in compliance with a requirement imposed under regulation…

regulation 6(1) of The Works Detrimental to Navigation (Powers and Duties of Inspectors) Regulations 2018

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 A person commits an offence if the person, in compliance with a requirement imposed under regulation 3(3)(g)— a makes a statement that the person knows to be false or misleading in a material respect; or b makes a statement that is false or misleading in a material respect, being reckless as to whether it is.

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 This is the text as originally made; later amendments are not shown here.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
making a false or misleading statement
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 6(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. Entering a figure on a form or return that is known to be wrong under the Works Detrimental to Navigation (Powers and Duties of Inspectors) Regulations 2018.
  2. Leaving out something the form asks for, where the omission is what makes the answer misleading.
  3. Producing a document to an official that has been altered since it was issued.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
Unlimited
Maximum prison (summary)
Not determined

expressed as the statutory maximum (the prescribed sum): the same words mean £5,000 in England and Wales and £10,000 in Scotland.

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
26 March 2018
In force from
Not determined
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 confer powers on inspectors appointed by the Secretary of State under Part 4A of the Energy Act 2008 (works detrimental to navigation). Section 82A of the Energy Act 2008 prohibits the carrying out of certain operations in the regulated zone (as defined in section 82Q) without the written consent of the Secretary of State. Section 82N(1) gives the Secretary of State the power to appoint inspectors to assist in carrying out the Secretary of State’s functions under Part 4A. Regulation 3 sets out inspectors’ powers. These include inter alia powers— to access and board installations and vessels; to make examinations and investigations; to require persons to answer questions (but regulation 5 limits the circumstances in which answers given in compliance with such a requirement may be used in criminal proceedings); to require the production of documents and records; to require persons to afford facilities and assistance to enable inspectors to exercise their powers. Before exercising a power conferred by regulation 3, an inspector must, if requested to do so, produce evidence of his or her appointment (see regulation 4). Regulation 6 makes it an offence to do the following— to knowingly or recklessly make a false or misleading statement in compliance with a requirement imposed by an inspector; to obstruct an inspector in the exercise or performance of the inspector’s powers or duties; to fail to comply with a requirement imposed by an inspector; to prevent another person from complying with a requirement imposed by an inspector. Proceedings for an offence under regulation 6 may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom (see section 82O of the Energy Act 2008). These Regulations extend to the whole of the United Kingdom. These Regulations apply to the regulated zone as defined in section 82Q of Part 4A of the Energy Act 2008, which excludes the Scottish inshore region (as defined in section 322 of the Marine and Coastal Access Act 2009).

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 0.92.

Basis
the provision says a person “commits 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