UK Offence Report

Education administrator’s duties on vacating office

article 6.9(2) of The Education Administration Rules 2018

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

2 An education administrator who fails to comply with this rule is guilty of an offence and liable to

a fine and, for continued contravention, to

a daily default fine, as set out in Schedule 1.

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 This is the text as originally made; later amendments are not shown here.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 do something the instrument requires
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 article 6.9(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. On these words an offence is committed where a person fails to comply with this rule.
  2. Not doing what the provision requires under the Education Administration Rules 2018, 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
Not determined
Maximum fine
Unlimited
Maximum prison (summary)
Not determined

'to a fine' with no stated maximum.

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
1 November 2018
In force from
31 January 2019
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 Rules) — the explanatory note published with the instrument, © Crown copyright.

These Rules set out the detailed procedures for the conduct of education administration, as provided by Chapter 4 of Part 2 of the Technical and Further Education 2017 (“the Act”). Education administration is a special administration regime which applies to further education bodies. The main features of education administration are: a the further education body enters the procedure by court order on application by the appropriate national authority, defined in the Act as, where the further education body is in England, the Secretary of State and, where the further education body is in Wales, the Welsh Ministers; b the order appoints an education administrator; c the objective of education administration is to avoid or minimise disruption to the studies of the existing students of that further education body and to ensure that it becomes unnecessary for the body to remain in education administration for that purpose. The Act sets out various means by which the education administrator may achieve the objective. Part 2 of these Rules sets out the procedure for applying for an education administration order, provisions about the hearing of the application and the grant of the order. Part 3 of these Rules sets out the process of education administration. Part 4 of these Rules contains general provisions detailing court practice and procedure for the education administration. Part 5 of these Rules contains provisions relating to distribution to creditors, including proving debts and quantifying claims. Part 6 of these Rules contains provisions about the education administrator, including how and when the education administrator may be replaced, and the education administrator’s remuneration. Part 7 of these Rules contains provisions about time and general rules about documents. Schedule 1 to these Rules contains specific details of the punishment of offences under these Rules. Schedule 2 to these Rules contains specific requirements for the service of documents within education administration proceedings. An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. An impact assessment for the Act is available from the Department for Education, 20 Great Smith Street, London, SW1P 3BT.

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 →

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