UK Offence Report

“23” for “23(2)”. paragraph (2) Omit. paragraph (3) Omit “or (2)”. paragraph (4) For paragraph (4)…

paragraph 2 of SCHEDULE 2 of The Limited Liability Partnerships (Amendment etc.) Regulations 2020 (revoked)

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

In sub-paragraph (c) substitute “23” for “23(2)”. paragraph (2) Omit. paragraph (3) Omit “or (2)”. paragraph (4) For paragraph (4) substitute— “(4) If the designated members fail to comply with paragraph (1), any designated member who did not have

a reasonable excuse for the failure commits an offence.” Article 13DM (disposal of charged property free from charge) paragraph (7) For “directors” substitute “designated members”. paragraph (8) For “directors” substitute “designated members”, and for “director” substitute “designated member”.

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 This is the text as originally made; later amendments are not shown here.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 paragraph 2 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. On these words an offence is committed where a person did not have a reasonable excuse for the failure.
  2. Not doing what the provision requires under the Limited Liability Partnerships (Amendment etc.) Regulations 2020, 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
Not determined
Maximum prison (summary)
Not determined

no penalty is stated here: this instrument amends another one, and the penalty for the offence is in the instrument being amended.

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
25 June 2020
In force from
26 June 2020
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.

The Corporate Insolvency and Governance Act 2020 (c. 12) (“the 2020 Act”) makes provision for new measures designed to help UK companies avoid insolvency. These Regulations make provision relating to the application of those measures to limited liability partnerships (“LLPs”). The Limited Liability Partnerships Regulations 2001 (S.I. 2001/1090) (“the 2001 Regulations”) apply the provisions of the Insolvency Act 1986 (c. 45) (“the 1986 Act”) to LLPs registered in Great Britain. The Limited Liability Partnership Regulations (Northern Ireland) 2004 (S.I. 2004/307) (“the 2004 Regulations”) do likewise for LLPs registered in Northern Ireland, applying the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.19)) (“the 1989 Order”). The provisions applied to LLPs by those enactments include new Part A1 of the 1986 Act and new Part 1A of the 1989 Order, which both were inserted by the 2020 Act and provide for a general moratorium which allows companies in financial distress a breathing space in which to explore rescue and restructuring options free from creditor action. Regulation 2 introduces Schedule 1, which makes amendments to the modifications to the 1986 Act as it applies to LLPs contained in Schedule 3 to the 2001 Regulations. Schedule 1 inserts the appropriate modifications to Part A1 of the 1986 Act as it applies to LLPs and makes consequential amendments to other modifications contained in Schedule 3. Regulation 3 introduces Schedule 2, which does the same for the 2004 Regulations and the 1989 Order. The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804) (“the 2009 Regulations”) apply certain provisions of the Companies Act 2006 (c. 46) (“the 2006 Act”) to LLPs. Regulation 4 introduces Schedule 3, which makes amendments to the 2009 Regulations to apply new Part 26A of the 2006 Act to LLPs with appropriate modifications and makes consequential amendments following amendments made to the 2006 Act by the 2020 Act. Part 26A of the 2006 Act was inserted by the 2020 Act to allow struggling companies, or their creditors or members, to propose a new restructuring plan proposal between the company and its creditors and/or members. Regulations 5 and 6 apply the temporary provision contained in Schedules 4 and 8 to the 2020 Act to LLPs. This provision makes temporary modifications to moratoriums in light of the Covid-19 pandemic. No specific impact assessment has been prepared for this instrument as the effects of the relevant insolvency measures being applied to LLPs are covered by the impact assessment published alongside the Corporate and Insolvency Act 2020. That impact assessment will be updated in due course to cover the impact on LLPs. An Explanatory Memorandum is published alongside this instrument on 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 →

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