UK Offence Report

Circumstances in which application to be withdrawn

regulation 1009(5) of The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009

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

5 A person who fails to perform the duty imposed on him by this section commits 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 This is the text as originally made; later amendments are not shown here.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 person
Conduct
failing to do something the instrument requires
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 regulation 1009(5)?

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 to perform the duty imposed on him by this section.
  2. Not doing what the provision requires under the Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009, by the time it requires it to be done.
  3. Doing it, but not in the manner or to the standard the instrument specifies.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
Unlimited
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
8 July 2009
In force from
Not determined
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.

The Limited Liability Partnerships Act 2000 (c. 12), which as from 1st October 2009 extends to the United Kingdom, provides for the creation of limited liability partnerships (“LLPs”) and for the making of regulations concerning them. These Regulations replace provisions of the Limited Liability Partnerships Regulations 2001 (S.I. 2001/1090) and the Limited Liability Partnerships Regulations (Northern Ireland) 2004 (S.R. (NI) 2004 No 307) which apply to LLPs provisions of the Companies Act 1985 and the Companies (Northern Ireland) Order 1986 (with modifications). They apply instead provisions of the Companies Act 2006 (c. 46) (“the 2006 Act”) to LLPs (with modifications). Separate regulations (the Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008 (S.I. 2008/1911), the Small Limited Liability Partnerships (Accounts) Regulations 2008 (S.I. 2008/1912) and the Large and Medium-sized Limited Liability Partnerships (Accounts) Regulations 2008 (S.I. 2008/1913)) have applied to LLPs provisions on accounts and audit contained in the 2006 Act and regulations made under that Act. Part 1 of the Regulations contains general introductory provisions on citation, commencement and interpretation. The Regulations come into force on 1st October 2009, save for certain regulation- making powers which will come into force on the day after the Regulations are made (regulation 2). Part 2 of the Regulations applies to LLPs provisions of Part 4 of the 2006 Act on the formalities of doing business. Part 3 of the Regulations applies to LLPs provisions of Part 5 of the 2006 Act on names and trading disclosures. Part 4 of the Regulations applies to LLPs provisions of Part 6 of the 2006 Act on registered offices. Part 5 of the Regulations applies to LLPs and their members provisions of Part 10 of the 2006 Act on the register of directors and protection from disclosure of residential addresses. Part 6 of the Regulations applies to LLPs provisions of Part 19 of the 2006 Act on debentures. Part 7 of the Regulations applies to the debentures of LLPs provisions of Part 21 of the 2006 Act on the certification and transfer of securities. Part 8 of the Regulations applies to LLPs provisions of Part 24 of the 2006 Act on annual returns. Part 9 of the Regulations applies to LLPs provisions of Part 25 of the 2006 Act on the registration of charges. Part 10 of the Regulations applies to LLPs provisions of Part 26 of the 2006 Act on arrangements and reconstructions. It also applies to LLPs provisions of the Companies (Cross-Border Mergers) Regulations 2007 (S.I. 2007/2974). Part 11 of the Regulations applies to LLPs Part 29 of the 2006 Act on the offence of fraudulent trading. Part 12 of the Regulations applies to LLPs provisions of Part 30 of the 2006 Act on the protection of members against unfair prejudice. Part 13 of the Regulations applies to LLPs provisions of Part 31 of the 2006 Act on dissolution and restoration to the register. Part 14 of the Regulations applies to overseas LLPs provisions of the Overseas Companies Regulations 2009 (S.I. 2009/1801) on trading disclosures. Part 15 of the Regulations applies to LLPs provisions of Part 35 of the 2006 Act on the registrar of companies. Part 16 of the Regulations applies to LLPs provisions of Part 36 of the 2006 Act on offences. Part 17 of the Regulations contains supplementary and interpretation provisions. Part 18 of the Regulations contains transitional and consequential provisions and revocations. An Impact Assessment of the effect that these Regulations will have on the costs of business, charities or voluntary bodies has been prepared and is available from the Department for Business, Enterprise and Regulatory Reform, Corporate Law and Governance Directorate, 1 Victoria Street, London SW1H 0ET. It is also available electronically at http://www.berr.gov.uk/bbf/llp/page39897.html. Copies have also been placed in the libraries of both Houses of Parliament.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

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 “commits 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