UK Offence Report

17 A failure to comply with any of the provisions of regulations 4(1), 5(1) or 7(1) shall be an offence.

regulation 17 of The Regulation of Care (Requirements as to Limited Registration Services) (Scotland) Regulations 2003

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

17 A failure to comply with any of the provisions of regulations 4(1), 5(1) or 7(1) shall be an offence.

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 This is the text as originally made; later amendments are not shown here.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 regulation 17?

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 Regulation of Care (Requirements as to Limited Registration Services) (Scotland) Regulations 2003, 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
Not determined
Maximum prison (summary)
Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

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
6 March 2003
In force from
1 April 2003
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 set out requirements which must be complied with by providers of a limited registration service under the Regulation of Care (Scotland) Act 2001. A limited registration service must be provided in accordance with the general principles set out in regulation 2. The provider is required by regulation 3 to prepare a written statement of the aims and objectives of the limited registration service. The Regulations specify persons who are not fit to provide (regulation 4), manage (regulation 5) or be employed in (regulation 7) a limited registration service. They also require providers to make certain notifications to the Scottish Commission for the Regulation of Care (regulation 6). Regulation 8 imposes requirements as to staffing. Providers are required to provide the Commission with the information specified in regulation 9, to give notice of certain events as provided for by regulations 13 to 15, and to keep records as provided for by regulation 12. By regulation 16 they are required to establish and operate a complaints procedure. Regulation 10 makes provision as to the appointment of a manager of a limited registration service and regulation 11 specifies what is to be happen where a liquidator or similar person is appointed. Regulation 17 provides that the contravention of specified provisions of these Regulations shall be an offence.

Read the full note and every offence in this instrument

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 0.88.

Basis
the provision says the conduct “is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.88 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