UK Offence Report

Application for a grant

regulation 6(4) of The Grants for Fishing and Aquaculture Industries Regulations 2015

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 Any person who, in applying for

a grant, gives information knowing it to be false or not believing it to be true is guilty of 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 This is the text as originally made; later amendments are not shown here.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
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 (knowing it to be).

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: knowing it to be.

What would breach regulation 6(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. On these words an offence is committed where a person gives information knowing it to be false or not believing it to be true.
  2. Doing what the provision prohibits, or failing to do what it requires under the Grants for Fishing and Aquaculture Industries Regulations 2015.

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
21 September 2015
In force from
31 October 2015
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 supplement Regulation (EU) No. 508/2014 of the European Parliament and of the Council on the European Maritime Fisheries Fund (OJ No. L 149, 20.5.2014, p.1) (“the EMFF Regulation”), and lay down rules for the implementation of Council Regulation (EU) No. 1303/2013, laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Regional Development and the European Maritime Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime Fisheries Fund (OJ No. L 347, 20.12.2013, p.320) (“the Funds Framework Regulation”). Part 1 of these Regulations contains general introductory provisions. Part 2 designates various bodies for the purposes of the Funds Framework Regulation. Part 3 of these Regulations makes provision in relation to England for payments of grants by the Marine Management Organisation for the purposes of Title V of the EMFF Regulation. Regulations 4 to 8 lay down a procedure for applications for a grant. Regulation 6 makes it an offence to supply false information when making an application. Regulation 9 makes payment of a grant dependent on provision of satisfactory evidence of the expenditure incurred and the proper execution of any actions relevant to payment of the grant. Regulation 10 makes provision for the method of payment of the grant. Regulation 11 makes payment conditional on the applicant retaining the relevant records and makes failure to comply with this obligation an offence. Regulation 12 provides for the variation, suspension and revocation of any approval of an application for a grant. Regulation 13 provides that the Marine Management Organisation may, by notice, require the repayment of a grant if certain conditions are not satisfied and provides that sums outstanding may be recovered as a debt. Regulation 14 sets out the penalties for offences under these Regulations. By virtue of the application of section 238 of the Marine and Coastal Access Act 2009 (c.23) by regulation 14(1), the common enforcement powers of that Act (defined by section 262 of that Act to mean any power conferred by section 246 to 261 of that Act), and the powers conferred by sections 264, 268, 269, 279 and 284 of that Act, also apply in relation to these Regulations as they apply in relation to the enforcement of the fisheries legislation (as defined by section 238(2) of that Act). Part 4 contains revocation, transitional and review provisions. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. The Explanatory Memorandum is available at www.legislation.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.

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 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