UK Offence Report

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paragraph 30(10) of SCHEDULE 1 of The Building Societies (Insolvency and Special Administration) Order 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

10 A building society special administrator who fails without reasonable excuse to comply with sub-paragraph (6) 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 This is the text as originally made; later amendments are not shown here.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
breaching the provision
Fault element
Strict liability
Burden of proof
An element of the offence, for the prosecution to prove

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.

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

10 A building society special administrator who fails without reasonable excuse to comply with sub-paragraph (6) commits an offence.

What would breach paragraph 30(10) of SCHEDULE 1?

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 without reasonable excuse to comply with sub-paragraph (6).
  2. Doing what the provision prohibits, or failing to do what it requires under the Building Societies (Insolvency and Special Administration) Order 2009.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

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
29 March 2009
In force from
30 March 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 Order) — the explanatory note published with the instrument, © Crown copyright.

This Order applies Parts 2 (Bank Insolvency) and 3 (Bank Administration) of the Banking Act 2009 (c.1) (“the Banking Act”) in relation to building societies. Articles 2 to 11 make substantive and consequential amendments to the Building Societies Act 1986 (c.53), including a new section 90C which applies Parts 2 and 3 of the Banking Act in relation to building societies. Parts 2 and 3 apply with the modifications specified in that section and in Schedule 1. In particular, the procedures in Parts 2 and 3 as they apply in relation to building societies are termed “building society liquidation” and “building society special administration”. Articles 12 to 15 make amendments to other enactments in connection with the disqualification of directors, insolvency rules and the Financial Services Compensation Scheme. These replicate amendments made by Parts 2 and 3 of the Banking Act. Articles 16 to 18 and Schedule 2 deal with the procedure for making rules, application of the Order to Northern Ireland and the application (with modifications) of subordinate legislation made under Parts 2 and 3 of the Banking Act to building societies. Schedule 1 sets out further modifications to Parts 2 and 3 of the Banking Act as they apply in relation to building societies. Part 1 sets out general modifications relating to interpretation. Part 2 sets out modifications relating to building society insolvency. Part 3 sets out modifications relating to building society special administration. An impact assessment of the effect of the Banking Act 2009 is available on HM Treasury’s website (www.hm-treasury.gov.uk).

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.

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