UK Offence Report

T&S administrator’s duties on vacating office

rule 100(2) of The Carbon Dioxide Transport and Storage (Licensed Operators) Administration (England and Wales) Rules 2025

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 It is an offence for the T&S administrator to fail to comply with paragraph (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 This is the text as originally made; later amendments are not shown here.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 rule 100(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. Not doing what the provision requires under the Carbon Dioxide Transport and Storage (Licensed Operators) Administration (England and Wales) Rules 2025, by the time it requires it to be done.
  2. 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 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
23 October 2025
In force from
19 November 2025
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 procedure for the conduct of T&S administration proceedings in England and Wales. T&S administration is a special insolvency regime specifically created for companies holding licences under section 7 of the Energy Act 2023. The framework for the T&S administration regime is set out in the Energy Act 2023 (c. 52) (the “2023 Act”). The 2023 Act does so by applying (with modifications) much of Chapter 3 of Part 3 of the Energy Act 2004 (c. 20) (which provides for a special administration regime for certain energy companies). These Rules are applicable only to T&S administration. Part 1 contains the construction and interpretation provisions. Part 2 sets out the procedure to be followed to initiate T&S administration proceedings, including the information required for a T&S administration order application, to whom notice of such an application needs to be delivered and who may appear at a hearing of the T&S administration application. Part 3 details the initial steps to be taken in T&S administration proceedings. These include the notification and advertisement of a T&S administrator’s appointment and the preparation of a statement of the affairs of the T&S company. Part 3 also sets out the information that must be given to creditors in the T&S administrator’s statement of proposals and the contents of the progress reports to be prepared by the T&S administrator. Part 4 contains provisions relating to creditors’ decisions and company meetings in T&S administration. Part 5 contains provisions relating to an application to court for authority to dispose of property of the T&S company which is subject to a security (other than a floating charge) or goods in the possession of the T&S company under a hire-purchase agreement. Part 6 contains provisions relating to the expenses of T&S administration. Part 7 contains provisions relating to claims by and distributions to creditors of the T&S company. Part 8 contains details of how the remuneration of a T&S administrator is to be fixed by the court. Part 9 sets out the arrangements for ending a T&S administration. Part 10 sets out the requirements and procedures for replacing a T&S administrator. Part 11 contains general provisions detailing the court procedure and practice for T&S administration proceedings. In particular this Part sets out the general requirements for court applications made during a T&S administration, enforcement procedures, access to the court file, the cost assessment procedure for T&S administration proceedings, provision for persons who lack capacity to manage their affairs, and the appeals process to be used in T&S administration proceedings. Part 12 sets out the provision for the examination of persons where an application to court has been made by a T&S administrator under section 236 of the Insolvency Act 1986 (c. 45). Section 236 allows a T&S administrator to apply to court for an order requiring certain persons to appear before the court to be questioned by the T&S administrator about the company in T&S administration. Part 13 contains provisions of general effect including provisions relating to the delivery of documents, the form and content of documents, service of documents, standard contents of notices and of documents delivered to the registrar of companies, the inspection and right to copies of documents, and the calculation of time periods. Part 14 contains miscellaneous provisions, including the power of the Secretary of State to regulate certain matters relating to the carrying out of the T&S administrator’s functions, provisions relating to the punishment of offences and the requirement for a review. The Schedule contains further provision about offences. A full impact assessment has not been produced for this instrument as no, or no significant, impact on business, charity or voluntary bodies is foreseen.

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 0.90.

Basis
the provision says “it is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.90 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