UK Offence Report

Trust services

regulation 18C(4) of The Russia (Sanctions) (EU Exit) (Amendment) (No. 17) Regulations 2022

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 A person who contravenes

a prohibition in paragraph (1) or (2) commits 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 This is the text as originally made; later amendments are not shown here.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
contravening a requirement of the instrument
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 regulation 18C(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 contravenes a prohibition in paragraph (1) or (2).
  2. Doing the thing the provision prohibits under the Russia (Sanctions) (EU Exit) (Amendment) (No. 17) Regulations 2022, whatever the reason for doing it.
  3. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

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
14 December 2022
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 are made under the Sanctions and Anti-Money Laundering Act 2018 (c. 13) to amend the Russia (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/855) (“the 2019 Regulations”). Regulations 3 to 8 amend Part 2 (Designation of persons) and Part 3 (Finance) of the 2019 Regulations primarily to— impose a new restriction in relation to the provision of trust services to designated persons or persons connected with Russia, and extend provisions in Chapter 2 of Part 3 (other financial and investment restrictions) prohibiting certain activities relating to a person (other than an individual) that is not a person connected with Russia. Regulations 9 and 10 amend Part 5 (Trade) of the 2019 Regulations to add additional services to the existing provisions imposing restrictions relating to professional and business services. Regulations 11 to 16 provide for exceptions and licences relating to the restrictions introduced by regulations 3 to 10, by amendments to Part 7 (Exceptions and licences) of the 2019 Regulations. Regulations 17 and 18 amend the provisions relating to reporting and information in Part 8 (Information and records) of the 2019 Regulations in relation to trust services. Regulation 19 makes supplementary provision to modify the effect of the Banking Act 2009 so that the duty of the Bank of England to make a decision under section 89H(2) of that Act does not apply in relation to the notification of third-country resolution action (within the meaning of section 89H(7) of that Act) in respect of a designated person, or a person owned or controlled by a designated person. Regulation 20— amends Schedules 2A and 3C to add further items to the lists of goods, trade in which is prohibited under Part 5, inserts Schedule 3J containing the definitions of professional and business services, in consequence of the amendments made by regulation 10, and amends Schedule 5 to set out the purposes for which Treasury licenses may be issued in relation to trust services. Regulation 21 and Schedule 4 correct errors made in previous Regulations amending the 2019 Regulations. A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector has been published alongside these Regulations and is available from legislation.gov.uk or from the Foreign, Commonwealth and Development Office, King Charles Street, London SW1A 2AH.

Read the full note and every offence in this instrument

How this became law

Both Houses had to approve this instrument before it could take effect, and did so.

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 →

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

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