UK Offence Report

Contravention of The Health and Safety and Nuclear (Fees) Regulations 2021

the instrument as a whole of The Health and Safety and Nuclear (Fees) Regulations 2021 (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 This is the text as originally made; later amendments are not shown here.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 2021.

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
11 January 2021
In force from
1 April 2021
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 revoke and replace the Health and Safety and Nuclear (Fees) Regulations 2016 (S.I. 2016/253) (“the 2016 Regulations”), except that the saving made by regulation 26(2) of the 2016 Regulations is maintained. The Regulations introduce fee increases for the fees that were fixed or determined by the 2016 Regulations reflecting the changes in the value of money since that date. The fees are raised by 2.2% from the level set out in the 2016 Regulations. The Regulations fix or determine the fees payable by an applicant to, in most cases, the Health and Safety Executive, in respect of— a an application for approval of plant of equipment under the Agriculture (Tractor Cabs) Regulations 1974 (regulation 3 and Schedule 1); b applications under the Freight Containers (Safety Conventions) Regulations 1984 (regulation 4 and Schedule 2); c applications for approval under the Control of Asbestos Regulations 2012 (regulation 5 and Schedule 3); d examination or surveillance by an employment medical adviser (regulation 6 and Schedule 4); e medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations 2002 (regulation 7 and Schedule 5); f applications under the Ionising Radiations Regulations 2017 and the Radiation (Emergency Preparedness and Public Information) Regulations 2019 (regulation 8 and Schedule 6); g applications under the Explosives Regulations and the Acetylene Safety (England and Wales and Scotland) Regulations 2014 (regulation 9 and Schedule 7); h an application under the Petroleum (Consolidation) Regulations 2014 (regulation 10 and Schedule 7); i applications under Part 9 of the Dangerous Goods in Harbour Areas Regulations 2016 (regulation 11 and Schedule 8); j applications and notifications under the Genetically Modified Organisms (Contained Use) Regulations 2014 (regulation 13 and Schedule 9); k offshore installations (regulation 14 and Schedule 10); l gas safety functions (regulation 15 and Schedule 11); m nuclear installations (regulation 16 and Schedule 12); n offshore first-aid and medical training (regulation 18 and Schedule 13); and o 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 34 making available on the market and use of biocidal products and the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013. Under regulation 22 and Schedule 16, fees are prescribed that are payable under Regulation (EC) 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures. Under regulations 23 to 25, 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 26 requires the Secretary of State to review the operation and effect of these Regulations and to publish a report within five years of the Regulations coming into effect. Regulation 27 revokes the 2016 Regulations, except for the saving at 26(2) of those Regulations, which is to continue to have effect. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Read the full note and every offence in this instrument

How this became law

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Neither House could have amended it. A statutory instrument is put to each House as a whole thing, to be approved or not; the Houses can reject an instrument or record their regret, but they cannot change a word of it. That is the constitutional position for every offence on this site.

The full procedural history →

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