UK Offence Report

Amendment of the Principal Order

article 2(10) of The Iran (United Nations Measures) (Overseas Territories) (Amendment) Order 2007

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

10 In Schedule 4, by deleting paragraph 2(3) and replacing it with the following paragraphs (3) and (3A):

3 A relevant institution must inform the Governor without delay if it credits

a frozen account in accordance with article 11(1A). 3A A relevant institution which fails to comply with

a requirement in subparagraph (1), (2) or (3) is guilty of an offence.

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 This is the text as originally made; later amendments are not shown here.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 institution
Conduct
failing to comply with a notice or direction
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 institution 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; other provisions of the same instrument use a mens rea word while this one does not (the Cundy v Le Cocq contrast).

What would breach article 2(10)?

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. Being served with a notice under the Iran (United Nations Measures) (Overseas Territories) (Amendment) Order 2007 and doing nothing by the date it specifies.
  2. Doing part of what the notice requires, where it required all of it.
  3. Disagreeing with the notice and ignoring it, rather than using whatever appeal the instrument provides.

Penalty

Mode of trial
Not determined
Maximum fine
£5,000
Maximum prison (summary)
6 months

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
25 July 2007
In force from
27 July 2007
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 Order) — the explanatory note published with the instrument, © Crown copyright.

This Order amends the Iran (United Nations Measures) (Overseas Territories) Order (SI 2007/282 “the principal Order”) to give effect to Resolution 1747 (2007) adopted by the Security Council of the United Nations on 24th March 2007, and to wider restrictive measures adopted by the Council of the European Union in Council Regulation (EC) No 423/2007 on 19th April 2007, in implementation of Council Common Position 2007/140/CFSP adopted on 27th February 2007, and in Council Common Position 2007/246/CFSP on 23th April 2007, which amended Council Common Position 2007/140/CFSP. Resolution 1747 (2007) subjected the persons and entities listed in its Annex 1 to the asset freezing measures in resolution 1737 (2006) and prohibited the procurement of military goods and technology from Iran. In implementation of measures under Council Common Position 2007/140/CFSP, Council Regulation (EC) No 423/2007 imposed restrictions on the supply to Iran of specific proliferation-sensitive goods, additional to those specified by the UN. Council Common Position 2007/246/CFSP also adopted wider measures than resolution 1747 (2007), in particular by listing additional persons and entities subject to asset freezing measures. As the European Union measures in Council Regulation (EC) No 423/2007 (“the EC Regulation”) and in Council Common Position 2007/140/CFSP as amended by Council Common Position 2007/246/CFSP (“the Council Common Position”) are wider in scope than those under resolution 1747 (2007), in addition to using the United Nations Act 1946 for the UN measures, it is necessary to give effect in this Order to the wider measures using additional statutory and prerogative enabling powers to legislate for the Overseas Territories. This amending Order applies to all the territories to which the principal Order extends except Bermuda, to which these additional enabling powers are not applicable. The substantive provisions of this Order include the following amendments to the principal Order: Article 2 amends the citation of the principal Order. Article 2 also adds definitions of “Council Common Position”, “EC Regulation”, and “military goods”. It amends the definition of “designated person” to include persons and entities listed additionally in Annex 11 of Council Common Position 2007/246/CFSP, and amends the definition of “restricted goods” to include items listed in Annexes 1 and 11 of Council Regulation (EC) No 423/2007. Definitions of “ship”, “shipment” and “vehicle” are added, and the definition of “funds” is amended. Article 2 amends article 3 of the principal Order to require the Governor to publish a list of military goods to be published in the gazette of the Territory. Article 2 replaces the existing article 8 in the principal Order with a new article 8 which prohibits the procurement from Iran of military goods and technology, in addition to the existing prohibition on procurement of restricted goods. Minor amendments are made to article 9 of the principal Order to conform with amendments made to equivalent implementing legislation in the United Kingdom for consistency with the EC Regulation. Article 2 amends article 11 of the principal Order to allow the crediting of a frozen account with funds transferred to that account by a third party and to clarify the definition of “frozen account”. Article 2 amends article 23 of the principal Order to achieve consistency in the description of “fine”, and amends article 24 to clarify the arrest provisions. Schedule 2 of the principal Order is replaced to reflect the present court structure and procedure in the Sovereign Base Areas. Schedule 4 of the principal Order is amended to require a relevant institution to inform the Governor if it credits a frozen account in accordance with article 11(1A), and makes failure to inform an offence. A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

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