UK Offence Report

Breach of restrictions

paragraph 5(3) of SCHEDULE 1 of The Limited Liability Partnerships (Register of People with Significant Control) Regulations 2016

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

3 A person who has a relevant interest that the person knows to be subject to restrictions commits an offence if the person— a knows a person to be entitled (apart from the restrictions) to vote in respect of the interest, whether as holder or as proxy, b does not know the person to be aware of the fact that the interest is subject to restrictions, and c fails to notify the person of that fact.

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 This is the text as originally made; later amendments are not shown here.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
failing to notify or register
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 paragraph 5(3) 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 has a relevant interest that the person knows to be subject to restrictions.
  2. Not telling the authority about an event the instrument makes notifiable under the Limited Liability Partnerships (Register of People with Significant Control) Regulations 2016, or telling them after the period allowed has run out.
  3. Assuming a notification made for another purpose, or by somebody else, satisfies this requirement.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
Unlimited
Maximum prison (summary)
6 months
Maximum prison (on indictment)
1 year

expressed as the statutory maximum (the prescribed sum): the same words mean £5,000 in England and Wales and £10,000 in Scotland.

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
15 March 2016
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 apply the provisions of Part 21A of and Schedules 1A and 1B to the Companies Act 2006 (c.24) and the Register of People with Significant Control Regulations (S.I. 2016/339) (the “PSC Regulations”) to limited liability partnerships (“LLPs”), so providing for LLPs to keep a register of people with significant control. Schedule 1 to these Regulations amends the Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804) (the “principal Regulations”). It applies Part 21A and Schedules 1A and 1B to LLPs, modified as necessary. In particular, it modifies the “specified conditions” set out in Schedule 1A. Schedule 2 to these Regulations applies the PSC Regulations to LLPs. Paragraphs 1 and 2 of Schedule 2 set out modifications to regulations 2 and 6 of the PSC Regulations. Paragraph 3 of Schedule 2 modifies regulations 7 to 47 of the PSC Regulations. Paragraph 4 applies Schedules 1, 3 and 4 of the PSC Regulations and sets out the modifications to Schedule 2 to the PSC Regulations. Schedule 3 to these Regulations amends the Limited Liability Partnerships Act 2000, the principal Regulations and the Companies (Disclosure of Address) Regulations 2009. Schedule 3 requires those wishing to incorporate an LLP to deliver to the registrar a statement of initial significant control as part of the incorporation document. A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Department for Business, Innovation and Skills, 1 Victoria Street, London SWIH OET and is published with the Explanatory Memorandum alongside the instrument on 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 “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