UK Offence Report

Persons disqualified from applying

regulation 4(2) of The Healthcare Improvement Scotland (Applications and Registration) Regulations 2011

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

2 The following persons are unfit to make such an application— a a person who has been convicted whether in the United Kingdom or elsewhere of any offence which is punishable by a period of imprisonment of not less than 3months and has been sentenced to imprisonment (whether or not suspended or deferred) for any period without the option of a fine and who in the reasonable opinion of HIS is unsuitable to be a provider of an independent health care service; b a person whose estate has been sequestrated, or who has been adjudged bankrupt unless (in either case) the person has been discharged or the bankruptcy order annulled; c a person who has been made the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule4A to the Insolvency Act 1986 or sections56A to 56K of the Bankruptcy (Scotland) Act 1985 unless that order has ceased to have effect or has been annulled; d a person who has made a composition or arrangement with, or granted a trust deed for, the person’s creditors unless the person has been discharged in respect of it; e a person who at the time of making the application has an administrator, administrative receiver or a receiver appointed; f a person who has been— i removed under section34 of the Charities and Trustee Investment (Scotland) Act 2005 (powers of the Court of Session) from being concerned in the management or control of a charity or body; or ii removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commission for England and Wales or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which the person was responsible or to which the person was privy, or which the person by that person’s conduct contributed to or facilitated; g a person who is subject to a disqualification order under the Company Directors Disqualification Act 1986, the Companies (Northern Ireland) Order 1986, or to an order made under section429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order); h a person who is subject to proceedings outside the United Kingdom which are equivalent to those listed at sub-paragraphs(b) to (g) above.

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 4(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 Healthcare Improvement Scotland (Applications and Registration) Regulations 2011, 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
20 January 2011
In force from
1 April 2011
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 specify the information which is to be provided by a person who makes an application for registration of an independent healthcare service under the National Health Service (Scotland) Act 1978 (the “Act”). Regulation3 and Schedule1 prescribe the information (and the matters to which that information relates) which an application must contain. This information is in addition to any information which HIS, acting under section10P(2)(c) of the Act, may reasonably require the applicant to give in the application. Regulation4 sets out who may not apply to provide an independent healthcare service and regulation5 provides that HIS shall inform a service on registration what other information it requires from the service, and what records must be kept. Regulation6 provides that HIS shall keep a register of all independent healthcare services, to contain the information specified in Schedule2 and regulation7 makes provision as to access to that register. The Regulations also specify the information to be provided by a person who makes an application for variation removal or addition of a condition of registration relating to registration of a care service (regulation8) or cancellation of a care service (regulation9). Regulation10 sets out the information a certificate of registration must contain.

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 0.60.

Basis
the provision says the conduct is “punishable”
Confidence
0.60 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