UK Offence Report

Section 5A: Disqualification for certain convictions abroad

paragraph 5A(3) of SCHEDULE 2 of The Insolvency (Miscellaneous Amendments) Regulations 2017

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 “relevant foreign offence” is an offence committed outside Great Britain in connection with the promotion, formation, management or liquidation of

a partnership (or any similar procedure) which corresponds to an indictable offence under the law of England and Wales.

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 This is the text as originally made; later amendments are not shown here.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 paragraph 5A(3) of SCHEDULE 2?

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 Insolvency (Miscellaneous Amendments) Regulations 2017.

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
15 November 2017
In force from
8 December 2017
Extent
E+W+S

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 modify the insolvency regimes under the Limited Liability Partnerships Regulations 2001, the Insolvent Partnerships Order 1994, and the Administration of Insolvent Estates of Deceased Persons Order 1986, in order to bring them into line with the insolvency procedures that apply to other entities. These Regulations make amendments to legislation that refers to the Insolvency Act 1986 and the Company Directors Disqualification Act 1986, consequential on the amendments made to those Acts by the Enterprise and Regulatory Reform Act 2013 (“the 2013 Act”), the Small Business, Enterprise and Employment Act 2015, and the Deregulation Act 2015 (together “the 2015 Acts”). These Regulations also amend a statutory form under the Insolvency Act 1986 to facilitate electronic filing. Schedule 1 makes consequential amendments to the regulations for the Limited Liability Partnerships Regulations 2001. This Schedule also makes consequential amendments to the 2001 Regulations, as they apply to Scotland, the Limited Liability Partnership (Scotland) Regulations 2001, and the Limited Liability Partnerships Regulations (Northern Ireland) 2004. Schedules 2 and 3 respectively amend the Insolvent Partnerships Order 1994 and the Administration of Insolvent Estates of Deceased Persons Order 1986, following amendments made by the 2013 and 2015 Acts to legislation referred to by those Orders. Schedule 4 amends the prescribed form filed with Companies House under the Insolvency Act 1986 when a liquidator is appointed in voluntary winding up. This enables Companies House to facilitate electronic filing of the form. Schedule 5 amends references in insolvency legislation to reflect Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015. 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. An Explanatory Memorandum has been prepared and is available alongside these Regulations at www.legislation.gov.uk.

Read the full note and every offence in this instrument

How this became law

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Neither House could have amended it. A statutory instrument is put to each House as a whole thing, to be approved or not; the Houses can reject an instrument or record their regret, but they cannot change a word of it. That is the constitutional position for every offence on this site.

The full procedural history →

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