UK Offence Report

2 It is an offence for a person for the purposes of obtaining or holding a licence— a to make a statement to…

regulation 16(2) of The Adventure Activities Licensing Regulations 2004

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

2 It is an offence for

a person for the purposes of obtaining or holding

a licence—

a to make

a statement to the licensing authority (or someone acting on its behalf) knowing it to be false in

a material particular, or

b recklessly to make

a statement to the licensing authority (or someone acting on its behalf) which is false in

a material particular.

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 This is the text as originally made; later amendments are not shown here.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
making a false or misleading statement
Fault element
Requires proof of a state of mind
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (knowing it to be, recklessly).

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: mens rea word in the offence-creating words: recklessly, knowing it to be.

What would breach regulation 16(2)?

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. Entering a figure on a form or return that is known to be wrong under the Adventure Activities Licensing Regulations 2004.
  2. Leaving out something the form asks for, where the omission is what makes the answer misleading.
  3. Producing a document to an official that has been altered since it was issued.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

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
13 May 2004
In force from
9 June 2004
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 revoke and re-enact with modifications the Adventure Activities Licensing Regulations 1996. The Regulations provide for the licensing of persons in respect of the provision of facilities for adventure activities (as defined). The Regulations apply to England, Scotland and Wales. In addition to minor and drafting amendments, the Regulations make the following changes of substance. The Regulations provide for the payment of a single fee on application for a licence or a renewal of a licence (regulation 5). The specified fee is £620. This replaces the former requirement for a basic fee of £200 on application and an additional inspection fee calculated on the basis of £200 plus a further sum of £30 per hour based on the number of hours of inspection, subject to a maximum inspection fee of £1,200. In respect of an application for a variation of a licence, the former charge of £100 is now waived. The Regulations— a provide for an existing licence, in specified circumstances, to continue in force for a maximum period of three months (regulation 7(1) and 15(2)); b provide that, in granting a licence on application for renewal, the licensing authority may rely on an inspection carried out within 12 months prior to the date of expiry (regulation 7(2); c enable the relevant national authority (as defined) to determine an appeal by referring any matter back to the licensing authority (regulation 15(6)); d require the licensing authority to send an annual report to the relevant national authority in addition to the Health and Safety Commission (regulation 18). The Regulations provide for transitional provisions in relation to the payment of fees (regulation 19). A copy of the regulatory impact assessment prepared in respect of these Regulations can be obtained from the Department for Education and Skills, Pupil Safety & School Security Team, 2B1, Sanctuary Buildings, Great Smith Street, London SW1P 3BT. A copy has been placed in the library of each House of Parliament.

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 0.90.

Basis
the provision says “it is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.90 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