UK Offence Report

SCHEDULE 2

SCHEDULE 2 of The Private Tenancies (Forms etc.) Regulations (Northern Ireland) 2007

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

(Article 23) Penalty If you fail to comply with this notice within the period specified in this notice or, where the notice has been varied on appeal, such other period as the court may specify on the final determination of the appeal (“the appropriate period”) you commit an offence punishable in the magistrate’s court by

a fine not exceeding level 4, currently [£2,500], on the standard scale.

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 This is the text as originally made; later amendments are not shown here.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 do something the instrument requires
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 SCHEDULE 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. Not doing what the provision requires under the Private Tenancies (Forms etc.) Regulations (Northern Ireland) 2007, by the time it requires it to be done.
  2. Doing it, but not in the manner or to the standard the instrument specifies.

Penalty

Mode of trial
Not determined
Maximum fine
£2,500
Maximum prison (summary)
Not determined

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
5 March 2007
In force from
1 April 2007
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 Order) — the explanatory note published with the instrument, © Crown copyright.

These regulations, which revoke the Rent (Forms etc.) Regulations (Northern Ireland) 1983, prescribe the forms to be used for the purposes of the Private Tenancies (Northern Ireland) Order 2006. Schedule 1 to the regulations gives a list of the forms which are specified in detail in Schedule 2. Schedule 3 specifies the information to be contained in the register of rents. The forms contained in Schedule 2 specify the format to be used by landlords, tenants and district councils in relation to applications for fitness inspections. They also specify the format to be followed by district councils in relation to a certificate of fitness, notice of refusal, notice of unfitness, notice of disrepair and by the rent officer in relation to the registration of rents. Also specified is the form to be used by a rent assessment committee when requesting information and the form to be used in relation to rent increases and further determinations of the rents of controlled tenancies.

Read the full note and every offence in this 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