UK Offence Report

Offences under the Industrial Assurance Acts: application in relation to Guernsey and Jersey

article 48(3) of The Financial Services and Markets Act 2000 (Consequential Amendments) Order 2002

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

3 Paragraph

34 is revoked, and in its place insert—

34 In relation to the Channel Islands, section

39 of the 1923 Act (offences) has effect with the substitution for subsection (1) of the following—

1 Any collecting society or industrial assurance company which contravenes or fails to comply with any of the provisions of this Act shall be guilty of an offence and liable, on summary conviction, to

a fine not exceeding level

4 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 This is the text as originally made; later amendments are not shown here.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
contravening a requirement of the instrument
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 article 48(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. Doing the thing the provision prohibits under the Financial Services and Markets Act 2000 (Consequential Amendments) Order 2002, whatever the reason for doing it.
  2. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£2,500
Standard scale
Level 4
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 Financial Services and Markets Act 2000 (Consequential Amendments) Order 2004
Revoked on
4 March 2004
Made
12 June 2002
In force from
3 July 2002
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.

(This Note does not form part of the Order) This Order is supplementary to the Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 (S.I. 2001/3649) (“the principal Order”) which came into force on 1st December 2001 at the same time as the coming into force of the Financial Services and Markets Act 2000 (c. 8) (“FSMA”). This Order corrects or adjusts amendments made in the principal Order, and makes additional amendments which are consequential upon the repeal by article 3 of the principal order of the legislation which established the regulatory regimes which have been replaced by FSMA. The first group of articles makes amendments to primary legislation, including Acts which apply to Northern Ireland. Article 4 makes an amendment to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65) which applies exclusively in relation to the Channel Islands. The second group amends secondary legislation, and includes an amendment by article 48 to the Financial Services and Markets Act 2000 (Consequential Amendments and Savings) (Industrial Assurance) Order 2001 (S.I. 2001/3647). That article amends in relation to the Channel Islands savings made by that Order of provisions of the Industrial Assurance Act 1923 (c. 8) and the Industrial Insurance and Friendly Societies Act 1948 (c. 39), both of which were repealed by section 416 of FSMA. The third group amends Northern Ireland legislation, and the fourth group amends Northern Ireland Statutory Rules.

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