Article 34 Offences due to fault of other personF1F2C1C2C3C4C5C6C7C8C9C10C11C12C13
Where the commission by any person of an offence under any of the relevant statutory provisions is due to the act or default of some other person, that other person shall be guilty of an offence, and a person may be charged with and convicted of the offence under this paragraph whether or not proceedings are taken against the first-mentioned person.
Where there would be or have been the commission of an offence under Article 31 by the Crown but for the circumstance that that Article does not bind the Crown, and that fact is due to the act or default of a person other than the Crown, that person shall be guilty of the offence which, but for that circumstance, the Crown would be committing or would have committed, and may be charged with and convicted of that offence accordingly.
The provisions of this Article are subject to any provision made under Article 17(6).
Annotations
Textual amendments
- F1
mod. by SR 2000/87; 2000/120
- F2
mod. by 2002 c. 8 (NI)
Modifications
- C1
Art. 34 applied (2.4.2006) by The Railways (Interoperability) Regulations 2006 (S.I. 2006/397), reg. 35
- C2
Arts. 31-39 applied (with modifications) (27.7.2009) by Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009 (S.R. 2009/238), reg. 14(1)(b)
- C3
Arts. 31-39 applied (with modifications) (24.8.2009) by Explosives (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009 (S.R. 2009/273), reg. 14(1)(b)
- C4
Arts. 34-38 applied (with modifications) (10.5.2010 with effect as mentioned in reg. 41 of the amending Regulations) by Train Driving Licences and Certificates Regulations (Northern Ireland) 2010 (S.R. 2010/132), regs. 1(2), 40(2)(3)(g)
- C5
Arts. 31-39 applied (with modifications) (1.9.2013) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2013 (S.R. 2013/206), regs. 2(1), 7(1)(b) (with regs. 3, 8-15, 19, 20, 21)
- C6
Arts. 31-39 applied (1.3.2014) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), regs. 2(4), 20 (with regs. 3(4)(5), 31, 32, 33(2))
- C7
Arts. 31-39 applied (with mofifications) (1.6.2015) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2013 (S.R. 2013/206), regs. 2(2), 16 (with regs. 3, 19, 20, 21)
- C8
Arts. 31-39 applied with modification(s) (1.6.2015) by The Explosives (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2015 (S.R. 2015/236), regs. 1(2), 5(1)(b), 9, 10
- C9
Arts. 31-39 applied (with modifications) (28.9.2015) by The Control of Major Accident Hazards Regulations (Northern Ireland) 2015 (S.R. 2015/325), regs. 1, 27(1)(d) (with regs. 3(2), 27(3))
- C10
Arts. 31-39 applied (23.10.2015) by The Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2015 (S.R. 2015/339), regs. 1, 30(2)(a) (with reg. 3(1)(2))
- C11
Arts. 31-39 applied (19.12.2016) by The Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations (Northern Ireland) 2016 (S.R. 2016/406), regs. 1, 36(1)(d) (with reg. 4(2), Sch. 15)
- C12
Arts. 31-39 applied (19.12.2016) by The Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations (Northern Ireland) 2016 (S.R. 2016/406), regs. 1, 36(8)(d) (with reg. 4(2), Sch. 15)
- C13
Arts. 32-39 applied (with modifications) (30.7.2018) by The Cableway Installations Regulations 2018 (S.I. 2018/816), regs. 1, 22(1)-(3) (with reg. 4)
- C14
Art. 34(1) applied (with modifications) (10.5.2010 with effect as mentioned in reg. 41 of the amending Regulations) by Train Driving Licences and Certificates Regulations (Northern Ireland) 2010 (S.R. 2010/132), regs. 1(2), 40(2)(3)(g)
- C15
Art. 34(1)(2) applied (with modifications) (16.1.2012) by Railways (Interoperability) Regulations 2011 (S.I. 2011/3066), reg. 40(2)(3)(g) (with reg. 3)
- C16
Art. 34(1)(2) applied (with modifications) (21.10.2016) by The Making Available on the Market and Supervision of Transfers of Explosives Regulations (Northern Ireland) 2016 (S.R. 2016/366), reg. 1, Sch. 2 paras. 6(b), 7 (with Sch. 2 para. 7(2))
- C17
Art. 34(2) applied (with modifications) (10.5.2010 with effect as mentioned in reg. 41 of the amending Regulations) by Train Driving Licences and Certificates Regulations (Northern Ireland) 2010 (S.R. 2010/132), regs. 1(2), 40(2)(3)(g)
Notes on Part II
Textual amendments
- F1
mod. by SR 2001/295
Modifications
- C1
Pt. II restricted (15.11.2010) by Fire and Rescue Services (Northern Ireland) Order 2006 (S.I. 2006/1254 (N.I. 9)), arts. 1(3), 47 (with arts. 44, 46, 47(2), 49, 62); S.R. 2010/328, art. 2