UK Offence Report

Default in complying with regulations 8 to 11

regulation 12(1) of The Friendly Societies (Amendment) Regulations 1993 (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 friendly society shall be guilty of an offence if it makes default in complying with any of regulations 8 to 11 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 This is the text as originally made; later amendments are not shown here.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
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 12(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. On these words an offence is committed where a person makes default in complying with any of regulations 8 to 11 above.
  2. Doing what the provision prohibits, or failing to do what it requires under the Friendly Societies (Amendment) Regulations 1993.

Penalty

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

this is the level 5 value when the instrument came into force (1994-01-01); 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
18 October 1993
In force from
1 January 1994
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, which make amendments to the Friendly Societies Act 1992 (“the 1992 Act”) and the Contracts (Applicable Law) Act 1990, implement— a the relevant provisions of the Second Life Directive (that is, Council Directive 90/619/EEC on the coordination of laws, regulations and administrative provisions relating to direct life assurance, laying down provisions to facilitate the effective exercise of freedom to provide services and amending Directive 79/267/EEC (O.J. No. L330, 29.11.90, p.50)); b the remaining provisions of the Second Non-Life Directive (that is, Council Directive 88/357/EEC on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and laying down provisions to facilitate the effective exercise of freedom to provide services and amending Directive 73/239/EEC (O.J. No. L172, 4.7.88, p.1)); and c provisions in Article 16 of the Third Life Directive (that is, Council Directive 92/96/EEC on the coordination of laws, regulations and administrative provisions relating to direct life assurance and amending Directives 79/267/EEC and 90/619/EEC (O.J. L360, 9.12.92, p.1)). The Regulations introduce the provisions referred to above for a society— a to which section 37(2) of the 1992 Act applies, that is, in relation to a society which falls within the scope of the Second or Third Life Directive (hereinafter referred to as a “Life Directive society”); and b to which section 37(3) of the 1992 Act applies, that is, in relation to a society which falls within the scope of the Second Non-Life Directive (hereinafter referred to as a “Non-Life Directive society”). Minor consequential amendments are made to provisions of the 1992 Act in relation to societies which are neither Life nor Non-Life Directive societies in order to ensure consistency in the drafting style within the Act. Regulation 1 provides for the citation, commencement and extent of the Regulations and defines the 1992 Act. Regulation 2 inserts a new section 36A into the 1992 Act which empowers the Friendly Societies Commission (“the Commission”), where it is proposing to impose conditions on the authorisation of a Life or Non-Life Directive society for failure to satisfy obligations imposed on it under the law of any member State giving effect to the “life or general insurance Directives”, to direct that the proposed conditions shall be deemed to have been imposed for a specified period. Definitions of “the life Directives” and “the general insurance Directives” are set out in section 119 of the 1992 Act. The period specified runs from the date of service of the Commission’s notice of proposal to impose conditions until the date of service of the Commission’s decision notice as defined by section 36A(3).A society may appeal against such a direction, in the same way as it may appeal against a decision to impose conditions under section 36, under section 58 of the 1992 Act. Regulation 2(2) inserts an 8th criterion of prudent management into section 50(3) of the 1992 Act. Regulation 3 inserts new provisions into section 37 of the 1992 Act so as to extend a Life or Non-Life Directive society’s power to carry on both long term and general business (other than general business of class 3). Regulation 4 inserts a new section 57A into the 1992 Act which sets out the requirements to be met by a Life Directive society which proposes to cover commitments in another member State through an establishment in the United Kingdom or in another member State other than that in which the commitment is situated. Regulation 5 inserts a new paragraph 15A into Schedule 15 of the 1992 Act. This provision sets out particular requirements which must be met before the Commission may confirm a transfer of engagements by a Life Directive society which consist of contracts of long term insurance (other than reinsurance). The new requirements in respect of transfers of long term insurance are similar to those applicable to transfers of general insurance as set out in paragraphs 15 of Schedule 15 to the 1992 Act. Regulation 6 substitutes section 101 of, and amends Schedule 20 to, the 1992 Act by inserting new rules governing the law applicable to contracts of direct long term insurance covering commitments in the Community entered into by Life Directive societies. Where a contract has a connection with more than one country (including different parts of the United Kingdom) the rules will determine which law is to govern the contract. Regulation 6(5) amends section 2 of the Contracts (Applicable Law) Act 1990 to provide that the internal law in respect of contracts with Life and Non-Life Directive societies for the purposes of Article 1(3) of the Rome Convention is as set out in Schedule 20 to the 1992 Act. Regulation 7 inserts interpretation provisions in section 117 of the 1992 Act defining commitment and for determining where a commitment is situated. Regulation 8 requires a Life Directive society which provides life insurance in another member State through an establishment in the United Kingdom to submit a return analysing gross premiums to the Commission. Regulation 9 requires a Non-Life Directive society which provides general insurance in another member State through an establishment in the United Kingdom to submit a return analysing gross premiums, and, in specified circumstances, an underwriting account, to the Commission. Regulation 10 contains supplementary provisions relating to the statements and accounts required under regulations 8 and 9. Regulation 11 sets out a requirement for a Life or Non-Life Directive society which has notified the Commission that it is intending to cover commitments or risks in another member State, to notify the Commission where it has not covered any such risks or commitments in the course of a financial year. Regulation 12 makes it an offence for a Life or Non-Life Directive society to make default in complying with regulations 8 to 11 and for any person to supply false information. Regulation 13 contains a transitional provision for the coming into force of regulations 8 and 9 to ensure that Life or Non-Life Directive societies do not have to supply information on any insurance provided prior to the commencement of these Regulations. A review of the cost of compliance with these Regulations has been undertaken and the resulting cost compliance assessment may be purchased from the Secretary, Friendly Societies Commission, 15 Great Marlborough Street, London W1V 2AX.

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