UK Offence Report

False statements

regulation 13(1) of The Highlands and Islands Rural Enterprise Programme Regulations 1991

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 If the eligible person, for the purposes of obtaining for himself or any other person any financial assistance under these Regulations, knowingly or recklessly makes

a statement which is false in any material particular he shall be liable on summary conviction to

a fine not exceeding level

5 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 This is the text as originally made; later amendments are not shown here.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 eligible person
Conduct
making a false or misleading statement
Fault element
Requires proof of a state of mind
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (knowingly, knowingly or recklessly, recklessly).

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

Classifier’s reasoning: mens rea word in the offence-creating words: knowingly, recklessly, knowingly or recklessly.

What would breach regulation 13(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. Entering a figure on a form or return that is known to be wrong under the Highlands and Islands Rural Enterprise Programme Regulations 1991.
  2. Leaving out something the form asks for, where the omission is what makes the answer misleading.
  3. Producing a document to an official that has been altered since it was issued.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£2,000
Standard scale
Level 5
Maximum prison (summary)
Not determined

this is the level 5 value when the instrument came into force (1991-04-11); the standard scale is keyed to the date the offence was committed, and for conduct today the same words mean an unlimited fine.

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
19 March 1991
In force from
11 April 1991
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, whichcomeintoforceon 11th April 1991, laydown measuresnecessary to implement Council Regulation (EEC) No 4256/88 (OJ No L374, 31.12.88, p.25) laying downprovisionsforthe implementingof Council Regulation (EEC)No 2052/88 (OJ No L185, 15.7.88, p.9) as regards the European Agricultural Guidance and Guarantee Fund Guidance Section and to enable financial assistance to be received from that Section under an approved operational programme designed to promote the development of the rural economy in the programme area being the area of Scotland comprising— a the Highland Region, Western Isles Island area; Orkney Islands area; Shetland Islands area; Argyll and Bute District; Arran, Great Cumbrae and Little Cumbrae in Cunninghame District; and b in the Moray District, the Parishes of Aberlour, Cabrach, Dallas, Dyke, Edinkillie, Forres, Inveravon, Kinloss, Kirkmichael, Knockando, Mortlach, Rafford and Rothes. Article 1 of Council Regulation (EEC) No. 2052/88 requires the Structural Funds to support the achievement of objectives set out in Articles 130(a) and 130(c) of the EC Treaty by contributing to the attainment of certain priority objectives, one of which is the promotion of the development of rural areas (Objective 5(b)). Article 11 requires areas to be selected. Council Regulation (EEC) No. 4253/88 (OJ No. L374, 31.12.88, p. 1) lays down provisions for implementing Council Regulation (EEC) No. 2052/88 as regards co-ordination of the activities of the different Structural Funds etc. Article 4 deals with the selection of rural areas which may receive assistance. Council Regulation (EEC) No. 4256/88 lays down provisions for implementing Council Regulation (EEC) No. 2052/88 as regards the EAGGF Guidance Section. Article 6 provides that Fund assistance for promoting the development of rural areas in regions covered by Objective 5(b) shall in the main take the form of an operational programme. The selection of the area of the Highlands and Islands Development Board was confirmed by a Commission Decision dated 10th May 1989 (OJ No. L198,12.7.89, p. 1). An operational programme (Rural Enterprise Programme) has been submitted under Article 14 of Council Regulation (EEC) No. 4253/88 and has been approved by Commission Decision dated 18th March 1991 (OJ No. L). The Regulations provide for financial assistance to be given towards the cost of diversification measures (with the exception of certain works to be carried out on set-aside land), ancillary agricultural measures, and environmental measures specified respectively in Schedules 1, 2 and 3 coming within a business development scheme operating in a selected location in the programme area. In selecting the location the Secretary of State has to have regard to certain criteria (regulation 3). In regulation 3(2)(d) reference is made to land classified by the Macaulay Land Use Research Institute. The Macaulay Land Use Research Institute at Craigiebuckler, Aberdeen classifies land according to limitations imposed on use of the land for agriculture by physical and biological factors. The factors are - climate, gradient, soil type, wetness, erosion and vegetation. The classification system for farm land is recognised as an indication of the agricultural potentialof the land. There are 7 classifications but only classification 6 (land capable of use only as rough grazings) and classification 7 (land of very limited agricultural use) are relevant to these Regulations. To benefit from financial assistance an eligible person must submit to the Secretary of State an application for approval (regulation 4). The application must indicate that the project is on or related to the agricultural unit which must be in a location in which the business development scheme operates and that the project will not proceed without financial assistance under the business development scheme. The Regulations also— a impose certain restrictions on the approval of the application (regulation 5); b allow the variation of the approval given (regulation 6); c set out the measures on which financial assistance can be given (regulation 7); d provide for payment of financial assistance (regulation 8); e provide for financial assistance to be claimed (regulation 9); f confer a power of entry and inspection (regulation 10); g provide for the reduction or withholding of financial assistance in circumstances where it would otherwise be payable (regulation 11); h provide for the revocation of approval and the recovery of financial assistance paid (regulation 12); and i create an offence punishable on summary conviction of knowingly or recklessly making a false statement to obtain financial assistance (regulation 13).

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 0.72.

Basis
the provision states liability on summary conviction; the provision states a penalty in older drafting
Confidence
0.72 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