UK Offence Report

Offences relating to registration etc.

article 19(1) of The Anaesthesia Associates and Physician Associates Order 2024

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

1 A person commits an offence who, with intent to deceive— a falsely represents anyone, including themselves, to have an approved qualification, or to be registered, b uses the title of anaesthesia associate or physician associate without being registered as such, c makes a false representation as to the content of the register, or d procures, or attempts to procure, the inclusion of information in, or exclusion of information from, the register.

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 This is the text as originally made; later amendments are not shown here.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
making a false or misleading statement
Fault element
Requires proof of a state of mind
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (with intent to).

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: mens rea word in the offence-creating words: with intent to.

What would breach article 19(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. Entering a figure on a form or return that is known to be wrong under the Anaesthesia Associates and Physician Associates Order 2024.
  2. Leaving out something the form asks for, where the omission is what makes the answer misleading.
  3. Producing a document to an official that has been altered since it was issued.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
Unlimited
Standard scale
Level 5
Maximum prison (summary)
Not determined

level 5 is unlimited in England and Wales for offences committed on or after 12 March 2015 (LASPO 2012 s.85, S.I. 2015/664).

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
13 March 2024
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 Order) — the explanatory note published with the instrument, © Crown copyright.

This Order provides for the regulation of anaesthesia associates and physician associates (“associates”) by the General Medical Council (“the Regulator”). Article 3 requires the Regulator to set standards in relation to education, training and registration of associates. It enables the Regulator to set other standards. It also provides for consultation and review in that respect. Article 4 enables the Regulator to give approvals in relation to education and training of associates; to attach conditions to such approvals and to withdraw them. Articles 5 and 6 provide for the Regulator’s Registrar to register associates and to maintain the register. Article 7 requires the Regulator to periodically assess whether a registrant continues to meet the standards set under article 3. Article 8 allows for conditions to be imposed on associates’ registration; and article 9 provides for the removal of entries in the register. Articles 10 to 14 provide for fitness to practise proceedings. Article 10 enables case examiners and Panels to impose Final Measures and issue warnings. Article 11 enables Panels to impose Interim Measures and for a court to extend the period of such Measures. “Interim Measure” and “Final Measure” are defined in article 2: they allow for conditions, suspension or, in the case of a Final Measure, removal from the register. Article 12 provides for the review of Interim Measures. Article 13 places a duty on a case examiner or Panel to specify how long a Final Measure will remain in force, which cannot exceed 12 months. Article 14 allows the Regulator to review a Final Measure which remains in force and sets out the Regulator’s review powers. Article 15 enables the Regulator to revise decisions under the Order on the ground of error of fact or law or, except in relation to fitness to practise proceedings, where there has been a material change of circumstances since it was made. Article 16 enables decisions of the regulator under the Order to be appealed to a panel; article 17 allows for specified Panel decisions to be appealed to a court. Article 18 provides for the making of representations by persons applying for the approval of education etc. and by associates before Interim Measures and Final Measures are imposed or specified other decisions are made. Article 19 creates offences. Schedule 1 makes provision as to the Regulator, in particular as to appointments, delegation, how it is to exercise its functions, default powers of the Privy Council, incidental powers and the making of grants to the Regulator. Schedule 2 contains the list of offences for the purposes of automatic removal pursuant to article 9(1)(c). Schedule 3 provides for evidence gathering, notifications, publication and data processing under this Order. Schedule 4 provides rule making powers. Schedule 5 makes amendments consequential on the provisions in this Order.

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.

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