UK Offence Report

Delivery of documents

regulation 13(5) of The European Economic Interest Grouping and European Public Limited-Liability Company (Amendment) Regulations 2014

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 If an EEIG fails to comply with any provision of this regulation, the EEIG, and any officer of the EEIG who intentionally authorises or permits the default, is guilty of an offence and liable on summary conviction to

a fine not exceeding level

3 on the standard scale and if the failure to comply with any such provision continues after conviction, the EEIG and any such officer shall be guilty of

a further offence of failure to comply with that provision and shall be liable to be proceeded against and punished accordingly.

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 This is the text as originally made; later amendments are not shown here.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
failing to do something the instrument requires
Fault element
Requires proof of a state of mind
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (intentionally).

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: mens rea word in the offence-creating words: intentionally.

What would breach regulation 13(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 an officer intentionally authorises or permits the default.
  2. Not doing what the provision requires under the European Economic Interest Grouping and European Public Limited-Liability Company (Amendment) Regulations 2014, 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
Summary only — tried in a magistrates’ court
Maximum fine
£1,000
Standard scale
Level 3
Maximum prison (summary)
Not determined

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
5 September 2014
In force from
1 October 2014
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.

These Regulations amend a number of instruments relating to European Economic Interest Groupings (“EEIGs”) and European Public Limited-Liability Companies (known as a Societas Europaea) (“SEs”). These Regulations extend to the United Kingdom. EEIGs are formed under Article 1 of Council Regulation (EEC) No. 2137/85 (“the EEIG EC Regulation”). The EEIG EC Regulation provides a legal framework for groupings of natural persons, companies, firms and other legal entities to enable them to co-operate effectively when carrying on business activities across national frontiers within the European Union. SEs are formed under Article 2 of Council Regulation (EC) No. 2157/2001 (“the SE EC Regulation”) as a form of public limited–liability company. They are governed by the SE EC Regulation, and in matters where the Regulation provides, by the law applying to public limited-liability companies of the Member State in which the SE is, or is proposed to be, registered. Both the EEIG EC Regulation and the SE EC Regulation are directly applicable in the territory of the European Union, but it was necessary to make Regulations under domestic law to implement certain matters in respect of EEIGs and SEs. This implementation was made through the European Economic Interest Grouping Regulations (S.I. 1989/638) (“the EEIG Regulations”) and European Public Limited-Liability Company Regulations 2004 (S.I. 2004/2326) (“the SE Regulations”). It is these instruments (as amended) which these Regulations amend. The EEIG Regulations and the SE Regulations include provisions in respect of the registration of EEIGs and SEs in the United Kingdom. These Regulations remove references in the EEIG Regulations and the SE Regulations to specific statutory forms used to make notifications to the registrar of companies in connection with the registration of EEIGs and SEs. Documents that are delivered to the registrar of companies from 1st October 2014 will be subject to requirements as to form, authentication and manner of delivery set by the registrar in rules made under section 1068 of the Companies Act 2006 (c.46). These statutory forms are currently contained in Schedule 2 to the EEIG Regulations and in Schedule 1 to the SE Regulations. These Regulations repeal these schedules and insert the relevant information derived from the forms into the bodies of the instruments themselves. Where the forms previously required declarations to be made, these have been replaced with statements of compliance in order to bring the requirements for filing into line with those for the delivery of documents and notifications to the registrar under the Companies Act 2006. Regulations 2 to 10 make these changes to the EEIG Regulations in relation to EEIGs, and regulations 11 to 35 make the changes to the SE Regulations in relation to SEs. Regulation 36 makes a consequential amendment in relation to SEs. A regulatory impact assessment has not been prepared for this instrument as it has no impact on business, charities or the voluntary sector.

Read the full note and every offence in this 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