UK Offence Report

Abstract of receipts and payments

rule 35(4) of The PPP Administration Order Rules 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

4 The special PPP administrator is guilty of an offence if he makes default in complying with this rule and is liable on summary conviction to

a fine not exceeding one fifth of the statutory maximum and, for continued contravention, to

a daily default fine not exceeding one-fiftieth of the statutory maximum.

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 This is the text as originally made; later amendments are not shown here.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
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 rule 35(4)?

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 PPP Administration Order Rules 2007.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£5,000
Maximum prison (summary)
Not determined

expressed as the statutory maximum (the prescribed sum): the same words mean £5,000 in England and Wales and £10,000 in Scotland.

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
31 October 2007
In force from
30 November 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 Rules) — the explanatory note published with the instrument, © Crown copyright.

These Rules set out the procedure for the conduct of PPP administration proceedings. PPP administration is a special insolvency regime specifically created for the companies providing services under a public-private partnership agreement or “PPP agreement”, as defined by section 210(1) of the Greater London Authority Act 1999 (c.29) (“the 1999 Act”). These companies are defined as “PPP companies” by section 210(5) of the 1999 Act. The framework for the PPP administration regime is set out in sections 220 to 224 of, and Schedules 14 and 15 to, the 1999 Act. Schedule 14 applies with modifications certain provisions of the Insolvency Act 1986 (c.45) including Part 2 of that Act which, prior to 15 September 2003, governed administration proceedings in relation to most companies. From that date, section 248 of the Enterprise Act 2002 (c.40) repealed Part 2 and replaced it with a new Schedule 1B to govern administration proceedings in relation to such companies. However, section 249 of the Enterprise Act 2002 effectively preserves Part 2 insofar as it applies to certain types of company, including PPP companies. The PPP administration process is commenced by an application to court for a PPP administration order. Such an application can be made by the Mayor of London (or Transport for London acting as his agent). A person appointed to manage the affairs, business and property of the PPP company is defined in paragraph 21(2) of Schedule 14 to the 1999 Act as a special PPP administrator. These Rules are based upon the provisions of the Insolvency Rules 1986 (S.I. 1986/1925) but are a stand alone set of rules applicable only to PPP administration proceedings. Part 1 of these Rules contains the construction and interpretation provisions. Part 2 of these Rules sets out the procedure to be followed to initiate PPP administration proceedings, including the information which must be included in a petition for a PPP administration order and how much and to whom notice of that petition must be given. It also contains provisions on the notification and advertisement of a special PPP administrator’s appointment. Part 3 of these Rules details the initial steps to be taken in PPP administration proceedings. These include the preparation of a statement of the PPP company’s affairs and the provision of information to creditors as to the special PPP administrator’s proposals. Part 4 of these Rules governs the conduct of creditors’ and members’ meetings called by the special PPP administrator during PPP administration proceedings. Part 5 of these Rules contains provisions relating to the special PPP administrator, including how his remuneration shall be fixed by the court and the procedures to be followed where the special PPP administrator resigns or dies. Part 6 of these Rules contains general provisions detailing the court procedure and practice for PPP administration proceedings. In particular this Part sets out the general requirements for court applications made during a PPP administration, the cost assessment procedure for PPP administration proceedings and the appeals process to be used in PPP administration proceedings. Part 7 of these Rules contains provisions for the use of proxies at creditors’ or members’ meetings held during a PPP administration, including the rights of inspection of such proxies and the procedure to be followed where a proxy-holder has a financial interest in the outcome of a resolution to be voted on at the meeting. Part 8 of these Rules sets out the provision for the examination of persons where an application to court has been made by a PPP administrator under section 236 of the Insolvency Act 1986. Section 236 allows a special PPP administrator to apply to court for an order requiring certain persons to appear before the court to be questioned by the special PPP administrator about the PPP company. Part 9 of these Rules contains miscellaneous provisions, including provisions relating to the punishment of contraventions of these Rules. Part 10 of these Rules contains further interpretation and application provisions, including a transitional provision. The Schedule to these Rules contains the forms that are to be used in PPP administration proceedings. 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”; 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