UK Offence Report

Information required by tribunal

regulation 13(1) of The Rent Assessment Committee (England and Wales) (Leasehold Valuation Tribunal) Regulations 1993

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

1 Where a tribunal require information to be given under paragraph 7 of Schedule 22 to the Housing Act 1980, the notice shall contain a statement to the effect that any person who fails without reasonable cause to comply with the notice is liable on summary conviction to a fine not exceeding level 3 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 This is the text as originally made; later amendments are not shown here.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 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 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. Doing what the provision prohibits, or failing to do what it requires under the Rent Assessment Committee (England and Wales) (Leasehold Valuation Tribunal) Regulations 1993.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£1,000
Standard scale
Level 3
Maximum prison (summary)
Not determined

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
Revoked
Revoked by
The Leasehold Valuation Tribunals (Procedure) (Wales) Regulations 2004
Revoked on
31 March 2004
Made
30 September 1993
In force from
1 November 1993
Extent
Not stated

How this was established: the instrument was revoked by a later instrument found in this corpus.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

Under Part I of the Leasehold Reform, Housing and Urban Development Act 1993 (“the 1993 Act”), leasehold valuation tribunals have jurisdiction to determine the terms of acquisition of interests (whether by enfranchisement under Chapter I or by the grant of a new lease under Chapter II) where these are in dispute, and to approve estate management schemes under Chapter IV. Section 91 of the Act provides that this jurisdiction, and additional jurisdiction to determine certain related matters, is to be exercised by rent assessment committees acting as leasehold valuation tribunals. These Regulations prescribe the procedure to be followed by leasehold valuation tribunals when dealing with matters arising under the provisions of the 1993 Act, as well as under the Leasehold Reform Act 1967 and the Landlord and Tenant Act 1987. They also prescribe the particulars to be included in applications to leasehold valuation tribunals under those Acts. Regulation 16 revokes the Rent Assessment Committee (England and Wales) (Leasehold Valuation Tribunal) Regulations 1981 (which prescribed the procedure to be followed by rent assessment committees when constituted as leasehold valuation tribunals, and forms of application). Regulation 15 makes consequential amendments to the regulations mentioned in that Regulation.

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
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