UK Offence Report

Amendments to Part II of the Schedule

regulation 12(3) of The Stamp Duty Reserve Tax (Amendment) Regulations 1997

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

5 Without prejudice to any penalties under subsections (2) and (3) above, if the failure by the taxpayer to give the notice continues after the end of

a period of one year beginning on the last day on which the notice should have been given, he shall be liable to

a penalty of an amount not exceeding the amount of the tax which he should have paid by the date by which he should have given the notice.

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 This is the text as originally made; later amendments are not shown here.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 12(3)?

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 Stamp Duty Reserve Tax (Amendment) Regulations 1997, 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
£100
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
Status not determined
Made
8 October 1997
In force from
20 October 1997
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 amend the Stamp Duty Reserve Tax Regulations 1986 (S.I. 1986/1711) (“the principal Regulations”). Apart from an amendment of a drafting nature, the amendments reflect recent developments in market structure in connection with share transfers on investment exchanges. The amendments also reflect the introduction of an alternative system of share transfers known as CREST, by means of which the transfer is effected electronically rather than by a paper document. The amendments ensure that the operator of CREST or a similar electronic system, and the operator of a recognised investment exchange or EEA regulated market of which a party to an electronic transfer is a member, is liable to collect and pay stamp duty reserve tax (“SDRT”) incurred in connection with chargeable transactions. Regulation 1 provides for citation, commencement and effect, and regulation 2 for interpretation. Regulation 3 amends existing, and inserts new, definitions (including a definition of “operator”) in regulation 2 of the principal Regulations. Regulation 4 amends regulation 4(1) of the principal Regulations (liability of “accountable person”) in consequence of the new regulation 4A inserted by regulation 5. Regulation 5 inserts a new regulation 4A in the principal Regulations relating to the accountability for SDRT of the operator of an electronic share transfer system or of a recognised investment exchange or EEA regulated market (“the operator”). Regulations 6, 7, 9 and 10 amend regulations 6, 7, 13 and 15 of the principal Regulations in consequence of the accountability for SDRT of the operator. Regulation 8 makes an amendment of a drafting nature to regulation 8 of the principal Regulations. Regulations 11 and 12 amend sections 25, 93, 95, 98 and 99 of the Taxes Management Act 1970 in consequence of the accountability for SDRT of the operator.

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 0.68.

Basis
the provision states a penalty in older drafting
Confidence
0.68 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