UK Offence Report

Offences by bodies corporate

regulation 14(1) of The Land Managers Skills Development Grants (Scotland) Regulations 2008 (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

1 A person is guilty of an offence if conditions A and B are met.

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 This is the text as originally made; later amendments are not shown here.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
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 14(1)?

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 Land Managers Skills Development Grants (Scotland) Regulations 2008.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£5,000
Standard scale
Level 5
Maximum prison (summary)
Not determined

in Scotland a reference to a level is construed as referring to the standard scale as it currently stands (CP(S)A 1995 s.225(2)), not as it stood when the instrument was made.

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
22 April 2008
In force from
18 May 2008
Extent
S

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 establish a framework for the payment in Scotland of grants towards training initiatives aimed at improving the skills of individuals involved in forestry or the management or use of agricultural land in Scotland. They supplement Council Regulation (EC) No. 1698/2005 which lays down general rules governing Community support for rural development, financed by the European Agricultural Fund for Rural Development established by Council Regulation (EC) No. 1290/2005 (O.J. No. L 209, 11.8.2005, p.1.). They also implement Article 74(1) of Council Regulation (EC) No. 1698/2005 and Article 9(1) of Council Regulation (EC) No. 1290/2005, which require Member States to adopt legislative and administrative provisions to ensure that the Community’s financial interests in relation to expenditure on rural development are effectively protected. Regulation 3 sets out the general conditions which must be satisfied before a project may be considered for grant under these Regulations. Regulation 4 sets out what project costs a grant under these Regulations can support. Regulation 5 sets out the list of eligible bodies who can apply for grant. Regulation 6 makes provision for determining grant applications. Regulation 7 gives the Scottish Ministers power to make payments of grant under the Regulations. Regulation 8 gives the Scottish Ministers power to issue guidance on applying for grant, the costs which may be supported by grant under the Regulations, and generally how the Scottish Ministers intend to perform their functions under the Regulations. Regulation 9 provides for the retention of information and records by applicants. Regulation 10 confers powers of entry and inspection on authorised persons to enforce the Regulations. Regulation 11 makes provision for the revocation and variation of approval and the withholding or recovery of grants. Regulation 12 makes provision for the payment of interest on grants recovered under regulation 11. Regulation 13 creates offences of knowingly or recklessly making a false statement to obtain grants or obstructing authorised persons acting under the Regulations. Regulation 14 makes provision for offences under regulation 13 committed by bodies corporate.

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 0.92.

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