UK Offence Report

Register of residential addresses of members of an SE’s supervisory organ

regulation 80B(4) of The European Public Limited-Liability Company (Amendment) 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

4 If default is made in complying with this regulation, an offence is committed by—

a the SE, and

b every officer of the SE who is in default.

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 This is the text as originally made; later amendments are not shown here.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
an officer
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 an officer 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 80B(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 European Public Limited-Liability Company (Amendment) Regulations 2009.

Penalty

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

this is the level 5 value when the instrument came into force (2009-10-01); the standard scale is keyed to the date the offence was committed, and for conduct today the same words mean an unlimited fine.

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
9 September 2009
In force from
1 October 2009
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.

Council Regulation 2157/2001 on the Statute for a European Company (“the Regulation”) provides for the creation of a form of public limited-liability company, the Societas Europaea, known as the “SE”. It is governed by the Regulation and, in respect of matters where the Regulation so provides, by the law applying to public limited-liability companies of the Member State in which it is, or is proposed to be, registered. The Regulation, although directly applicable in the territory of the European Community, obliges Member States to make arrangements in relation to SEs which register in their territory. These arrangements are contained in the European Public Limited-Liability Company Regulations 2004 (S.I. 2004/2326) (“the Principal Regulations”) for Great Britain and in the European Public Limited-Liability Company Regulations (Northern Ireland) 2004 (S.R. (NI) 2004 No 417) (“the Northern Ireland Regulations”) for Northern Ireland. These Regulations make amendments to the Principal Regulations. Some of the amendments are consequential on the extension of the Principal Regulations to Northern Ireland, and the revocation of the Northern Ireland Regulations by section 1285 of the Companies Act 2006 (c.46). Other amendments replace references to provisions of the Companies Act 1985 (c.6) with references to the equivalent provisions of the Companies Act 2006. Other amendments are consequential on changes to United Kingdom company law and reflect changes made to company law by the Companies Act 2006. In addition, Part 3 of the Principal Regulations, which relates to the involvement of employees in relation to the running of an SE, is omitted and is re-enacted with modifications in the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009 (S.I. 2009/2401). The equivalent provisions for Northern Ireland are now contained in the European Public Limited-Liability Company (Employee Involvement) (Northern Ireland) Regulations 2009 (S.I. 2009/2402). These Regulations also prescribe new forms for SEs which replace those currently contained in the Principal Regulations. The new forms are set out in Schedule 1 to these Regulations. Regulation 60 of the Principal Regulations (opposition of competent authority to company’s participation in merger) is omitted (see regulation 19 of these Regulations). An Impact Assessment of the effect that the Principal Regulations would have on the costs of business was prepared and placed in the library of both Houses of Parliament, as were transposition notes. These documents can be obtained from the Department for Business, Innovation and Skills, 1 Victoria Street, London SW1H 0ET, and can be downloaded from http:\\www.opsi.gov.uk/si/em_20042326_en.pdf. No further Impact Assessment has been produced.

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 0.55.

Basis
c06_offence_committed
Confidence
0.55 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