UK Offence Report

Amendments to the Road Traffic (Northern Ireland) Order 2007

paragraph 6(14) of SCHEDULE 4 of The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023

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

14 In Article 70 (evidence of registration)— a for paragraph (2), substitute— 2 If at any time a person who is not registered— a displays a certificate or other item prescribed under paragraph (1); b uses a title or other description prescribed under paragraph (1)(b); or c uses a title, certificate or other description implying that he is registered, he is guilty of an offence unless he proves that he did not know, and did not have reasonable cause to believe, that he was not registered at that time. ; b in paragraph (3)— i in sub-paragraph (a), omit “for use by other persons registered in either Part of the register”; ii after sub-paragraph (a), insert “or”; iii omit sub-paragraph (c) and the “or” preceding it.

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 This is the text as originally made; later amendments are not shown here.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
Objective fault
Burden of proof
Legal burden on the defendant

The prosecution must prove that the conduct happened and that it fell below the standard the provision sets. That is an objective test - what a reasonable person in the same position would have done, not what this defendant actually thought.

What a person personally believed or intended is not the question; the standard is what was reasonable.

The provision gives a defence the defendant must prove, on the balance of probabilities. A legal burden of that kind can be read down to a merely evidential one under section 3 of the Human Rights Act 1998 where placing it on the defendant would be disproportionate (R v Lambert [2001] UKHL 37; Sheldrake v DPP [2004] UKHL 43).

Classifier’s reasoning: objective standard in the offence-creating words: reasonable cause to believe.

The defence, as drafted

implying that he is registered, he is guilty of an offence unless he proves that he did not know, and did not have reasonable cause to believe, that he was not registered at that time. ; b in paragraph (3)— i in sub-paragraph (a), omit “for use by other persons registered in either Part of the register”; ii after sub-paragraph (a), i

What would breach paragraph 6(14) of SCHEDULE 4?

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 Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated here: this instrument amends another one, and the penalty for the offence is in the instrument being amended.

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
29 November 2023
In force from
1 December 2023
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 make provision under section 3(1) of the Professional Qualifications Act 2022 (c. 20) (“the 2022 Act”) to implement provisions relating to the recognition of professional qualifications contained in the free trade agreement between Iceland, the Principality of Liechtenstein and the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland done at London on 8thJuly 2021 (“the EEA EFTA free trade agreement”). Part 2 establishes rules for the recognition of professional qualifications obtained in a specified state. The specified states are listed in Schedule 1 to these Regulations. Part 3 establishes rules for the provision of information by regulators and dealing with enquiries from professionals who have obtained professional qualifications in a specified state. Schedule 3 contains amendments to sectoral legislation for the purpose of, and in connection with, implementing provisions relating to the recognition of professional qualifications in the EEA EFTA free trade agreement. These Regulations also make amendments, in Schedule 4, to sectoral legislation consequent upon the commencement of section 5(1) of the 2022 Act and revoking other EU recognition law. Section 5(1) revokes the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059) which provided a general system of recognition for qualifications from the European Economic Area and Switzerland. Commencement regulations will bring section 5(1) of the 2022 Act into force on the same day as this instrument comes into force. An impact assessment has not been produced as no, or no significant, impact on the public, private or voluntary sector is foreseen. An Explanatory Memorandum is available alongside this instrument on www.legislation.gov.uk. A copy has also been placed in the Libraries of both Houses of Parliament.

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 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