UK Offence Report

Information required by tribunal

regulation 22 of Leasehold Valuation Tribunals (Procedure) (England) Regulations 2003

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

22 Where a tribunal serves a notice requiring information to be given under paragraph 4 of Schedule 12 to the 2002 Act, the notice shall contain a statement to the effect that any person who fails without reasonable excuse to comply with the notice commits an offence and 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 This is the text as originally made; later amendments are not shown here.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
Mixed — some elements strict, some not
Burden of proof
An element of the offence, for the prosecution to prove

The prosecution must prove the conduct, and - for those elements the provision qualifies - the state of mind it names. The remaining elements carry no fault requirement, so they are strict.

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: the offence itself carries no fault word, but a duty it criminalises by cross-reference uses has reason to believe; which element that governs was not determined; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

contain a statement to the effect that any person who fails without reasonable excuse to comply with the notice commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

What would breach regulation 22?

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 fails without reasonable excuse to comply with the notice.
  2. Doing what the provision prohibits, or failing to do what it requires under the Leasehold Valuation Tribunals (Procedure) (England) Regulations 2003.

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 Transfer of Tribunal Functions Order 2013
Revoked on
1 July 2013
Made
7 August 2003
In force from
30 September 2003
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.

These Regulations regulate the procedure to be followed in connection with applications made to a leasehold valuation tribunal. These Regulations apply to England only. They replace, with amendments, the Rent Assessment Committee (England and Wales) (Leasehold Valuation Tribunal) Regulations 1993, which are revoked, subject to the saving provision contained in regulation 25. Regulation 3 provides for general particulars to be included with all applications and specified particulars to be included with specified applications as set out in the Schedules. Regulation 4 provides for notice to be given by the applicant and respondent where an application is made under Part 4 of the Landlord and Tenant Act 1987, while regulation 5 provides for notice to be given by the tribunal in the case of other applications. Regulation 5 also gives the tribunal the discretion to give notice by local advertisement. Regulation 6 provides for the procedure to be followed where a person requests to be joined as a party to the proceedings. Regulation 7 provides that an application may be treated as withdrawn if a fee is not paid for a period of one month from the date on which it becomes due. Regulations 8-10 provide for securing consistency where numerous applications are or may be brought in respect of the same or substantially the same matters. Regulation 11 provides for the dismissal of applications which are frivolous, vexatious or otherwise an abuse of process of the tribunal. Regulation 12 provides for pre-trial reviews and allows the tribunal to give any directions that may be necessary for the expeditious and economical disposal of proceedings. Regulation 13 provides for the determination of an application without an oral hearing and allows for such determinations to be undertaken by a single member of the panel provided for in Schedule 10 to the Rent Act 1977, who has been appointed by the Lord Chancellor. Regulation 14 provides for hearings, it allows the tribunal to determine the procedure and gives the tribunal the discretion to give less than 21 days notice of the hearing where there are exceptional circumstances. Regulation 15 provides for a hearing to be postponed or adjourned. Regulation 16 ensures that the parties receive copies of the necessary documents. Regulation 17 provides for the inspection of the house, premises or area which is the subject of the application, or any comparable house, premises or area. Regulation 18 provides for the recording of decisions in respect of applications and enables the reasons for a decision to be recorded in a separate document after the decision has been recorded. It also makes provision for the correction of a document recording a decision or reasons. Regulation 19 provides that any decision of the tribunal may, with the permission of the county court, be enforced in the same way as orders of such a court. Regulation 20 provides for seeking permission to appeal to the Lands Tribunal. Regulation 21 provides for the attendance at any hearing or inspection by a member of the Council on Tribunals. Regulation 22 provides that any notice given by the tribunal under paragraph 4 of Schedule 12 to the Commonhold and Leasehold Reform Act 2002 (“the 2002 Act”), shall include a statement that any person who fails without reasonable excuse to comply with the notice commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale. Regulation 23 provides for the giving of notices and other documents. It allows such notices and documents to be given electronically with the consent of the recipient. Regulation 24 gives the tribunal a discretion to extend any time period set out in the Regulations or set out in a notice sent under the Regulations. Schedule 1 describes the applications which are governed by these Regulations. It includes applications under section 20ZA regarding the requirement on landlords to consult tenants for particular works, applications relating to administration charges and applications relating to the right to manage. These applications have been introduced by the 2002 Act. Schedule 2 lists the particulars and documents required to be included with an application.

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 0.92.

Basis
the provision says a person “commits an offence”; the provision states liability on summary conviction
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