UK Offence Report

Application of section 113 of the 1992 Act

regulation 22(2) of The Milk and Healthy Snack Scheme (Scotland) Regulations 2021

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 A person who fails to comply with regulation 12 (change of circumstances affecting eligibility for the Scheme) is guilty of an offence under these Regulations.

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 This is the text as originally made; later amendments are not shown here.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
Mixed — some elements strict, some not
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove the conduct, and - for those elements the provision qualifies - the state of mind it names. The remaining elements carry no fault requirement, so they are strict.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: the offence itself carries no fault word, but a duty it criminalises by cross-reference uses reasonably practicable; which element that governs was not determined.

What would breach regulation 22(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. On these words an offence is committed where a person fails to comply with regulation 12 (change of circumstances affecting eligibility for the Scheme).
  2. Not doing what the provision requires under the Milk and Healthy Snack Scheme (Scotland) Regulations 2021, by the time it requires it to be done.
  3. 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
17 February 2021
In force from
21 March 2021
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 scheme in Scotland to provide benefits for children (“the Scottish Milk and Healthy Snack Scheme”). The Regulations also amend, in respect of Scotland, the Welfare Food Regulations 1996 (“the 1996 Regulations”) and the Healthy Start Scheme and the Welfare Food (Amendment) Regulations 2005 (“the 2005 Regulations”). Part 1 provides for citation, commencement and extent. These Regulations extend to Scotland only. Part 2 provides for general interpretation. Part 3 deals with the meaning of certain key expressions used in the Regulations. Regulation 3 provides for the meaning of eligible child and regulation 4 provides for the meaning of childcare provider. Part 4 deals with entitlement in the Regulations. Regulation 5 provides for the entitlement of any eligible child to the prescribed benefit. The rules for entitlement are set out in regulation 5(1) and (2). The benefit is set out in regulation 5(3). The requirement placed on the childcare provider to provide the benefit is set out in regulation 6. Part 5 deals with the administration of the Scheme. Regulation 15 delegates the functions (as specified in that regulation) of Scottish Ministers to the local authority for its area. These functions include, but are not limited to, determining payment periods shorter than 12 months, registering childcare providers and determining the amounts payable to childcare providers. Regulations 16 and 17 provide respectively that a local authority must follow any direction, or have regard to any guidance, issued by the Scottish Ministers when exercising any function under the Scheme. Part 5 also sets out the obligations of childcare provider obligations in relation to the operation of the Scheme. It also provides that a childcare provider must have regard to Guidance issued by the Scottish Ministers. Part 6 makes provision for the application of certain enactments and offences. Part 7 makes amendments to certain subordinate legislation. Regulation 22 provides for an amendment, to the 2005 Regulations, to clarify that the food benefit prescribed by regulation 5 is not a Healthy Start food under the 2005 Regulations. Regulation 23 makes transitional provision in respect of the 1996 Regulations.

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 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