UK Offence Report

Forfeiture of benefits

regulation 181(4) of The Teachers' Pension Scheme 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

4 The offence is an offence—

a committed in connection with service as

a public servant; and

b certified by the Secretary of State as—

i gravely injurious to the interests of the State; or

ii liable to lead to serious loss of confidence in the public service.

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 This is the text as originally made; later amendments are not shown here.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 regulation 181(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 Teachers' Pension Scheme Regulations 2014.

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
5 March 2014
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.

These Regulations establish a career average re-valued earnings scheme for the payment of pensions and other benefits to and in respect of teachers in England and Wales. Part 2 contains governance provisions including delegation of the scheme manager’s functions and establishment of the Teachers’ Pension Scheme Pension Board and the Teachers’ Pension Scheme Advisory Board. Part 3 provides for scheme membership. It sets out the key concepts of eligible employment and pensionable earnings. It contains eligibility and auto-enrolment provisions. Part 4 provides for the establishment of a member’s pension accounts in relation to a continuous period of pensionable service under this scheme. Chapter 2 explains how the amount of accrued pension is calculated. Chapter 3 provides for the establishment of pension accounts. Chapter 4 provides for the establishment of the active member’s account. This Chapter provides for the proportion of pensionable earnings accrued as pension to be revalued each year until the member leaves pensionable service. Chapter 5 provides for the establishment of additional pension accounts. Chapter 6 provides for deferred members’ accounts and explains how the provisional amount of deferred pension is calculated. Chapter 7 provides for the establishment of pensioner members’ accounts. Chapter 8 provides for the establishment of pension credit members’ accounts. Part 5 provides for a member’s entitlement to payment of retirement benefits. It sets out the key concept of qualifying service. Part 6 provides for death grants and survivors’ benefits. Part 7 provides for benefits for pension credit members. Part 8 provides for the payment and calculation of pension benefits. It also provides for the recovery and suspension of benefits in certain cases. Part 9 provides for the payment of contributions by members and employers and also the repayment of a member’s contributions after short-service. Part 10 provides for the payment and receipt of transfer values including club transfers. Part 11 contains supplementary provisions on matters including employment records and the provision of information between the scheme and members. Schedule 1 describes eligible employment. Schedule 2 makes provision for pension flexibilities. Schedule 3 makes transitional provision. An impact assessment has not been prepared for this instrument as no impact on the costs of business or the voluntary sector is foreseen.

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 0.62.

Basis
the provision says an offence is committed “if” something happens
Confidence
0.62 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