UK Offence Report

Returns by managing agent

regulation 4(7) of The Lloyd’s Underwriters (Tax) Regulations 2005

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

7 If a syndicate’s managing agent fraudulently or negligently delivers an incorrect return under paragraph (1), he shall be liable to a penalty not exceeding £3,000 multiplied by the number of members of the syndicate.

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 This is the text as originally made; later amendments are not shown here.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
No statutory defence — prosecution proves everything

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

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

Classifier’s reasoning: both a mens rea word and an objective standard appear in the offence itself.

What would breach regulation 4(7)?

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 what the provision prohibits, or failing to do what it requires under the Lloyd’s Underwriters (Tax) Regulations 2005.

Penalty

Mode of trial
Not determined
Maximum fine
£3,000
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
6 December 2005
In force from
27 December 2005
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 provide administrative machinery for Lloyd’s managing agents to make returns of syndicates' profits and losses for tax purposes, and for assessment and collection of tax (replacing and modernising the provisions of Schedule 19 to the Finance Act 1993). The regulations apply for and in relation to the tax year 2006-07 for individual members of Lloyd's, and for accounting periods beginning after 31st December 2005 for Lloyd’s corporate members. Regulation 1 provides for citation, commencement and effect, and regulation 2 for interpretation. Regulation 3 defines a syndicate’s profit or loss for the purposes of the Regulations. Regulation 4 provides for managing agents to deliver returns of syndicates' profit or loss (a “syndicate determination”), to H.M. Revenue and Customs, and for penalties for failure to do so. Regulation 5 makes provision for amendment of syndicate determinations by managing agents, and for HMRC enquiries into returns. Regulation 6 makes provision for HMRC determinations of a syndicate’s profit or loss (in the absence of a return), and regulation 7 makes provision for “discovery determinations.” Regulation 8 makes provision in connection with relief where there has been a mistake in a return. Regulation 9 makes provision for apportionment of a syndicate’s profit or loss between its members, and Regulation 10 provides for syndicate determinations and apportionments to be binding on the members. Regulations 11 to 13 make technical provision in connection with assessment of tax, and Regulation 14 for repayment of tax deducted from investment income. Regulation 15 provides that managing agents may make returns to H.M. Revenue and Customs electronically. Regulations 16 to 18 make amendments and repeals as a consequence of these Regulations. A Regulatory Impact Assessment has not been published for this instrument as it has no impact (exceeding the de minimis level) on business, charities or voluntary bodies.

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