UK Offence Report

37 Regulation 44 shall have effect as if for paragraph (1) there were substituted the following paragraph— 1…

regulation 37 of The Care Homes (Wales) Regulations 2002 (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

37 Regulation 44 shall have effect as if for paragraph (1) there were substituted the following paragraph— 1 A contravention or failure to comply with any of the following provisions shall be an offence— a regulations 4 to 27 and 38 to 41 to the extent that those regulations have effect subject to Part VI of these Regulations; b regulations 32 and 35; and c the provisions described in paragraph (2) of regulation 33. .

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 This is the text as originally made; later amendments are not shown here.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 regulation 37?

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 Care Homes (Wales) Regulations 2002, 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
12 February 2002
In force from
1 April 2002
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 Care Standards Act 2000 ('the Act') and apply in relation to care homes in Wales. Parts I and II of the Act provide for the National Assembly to, in relation to Wales, register and inspect establishments and agencies. It also provides powers for regulations to be made by the National Assembly in relation to Wales governing the conduct of establishments and agencies. The majority of Parts I and II of the Act (in so far as not already in force) will be brought into force on 1st April 2002. These new arrangements replace the regulatory system provided for in relation to residential care and nursing homes under the Registered Homes Act 1984. Regulation 3 excludes from the definition of care home under section 3 of the Act: family care settings (which includes the continuing care of certain foster children after the age of eighteen); establishments that provide accommodation for less than 28 days in a year; certain NHS facilities providing nursing; and certain education institutions. Under regulations 4 and 5, each home must have a statement of purpose consisting of the matters set out in Schedule 1, and supply a guide to the home to each service user. Regulations 7 to 10 make provision about the fitness of the persons carrying on and managing the home, and require satisfactory information to be available in relation to certain specified matters. Where an organisation carries on the home, it must nominate a responsible individual in respect of whom this information must be available (regulation 7). Regulation 8 prescribes the circumstances where a manager must be appointed for the home, and regulation 10 imposes general requirements in relation to the proper conduct of the home, and the need for appropriate training. Part III makes provision about the conduct of care homes, in particular as to the health and welfare of service users, and as to the facilities and services that are to be provided. Provision is also made about record keeping, the staffing of homes, the fitness of workers and about complaints. Part IV makes provision about the suitability of premises and about fire precautions. Part V deals with the management of care homes. Regulation 25 requires the registered person to establish a system for reviewing and improving the quality of care provided by the home. Regulation 26 imposes requirements relating to the home’s financial position. Regulation 27 requires the registered provider to visit the home as prescribed. Part VI makes special provision which applies where children are accommodated in the home. Part VII deals with miscellaneous matters including the giving of notices to the National Assembly. Regulation 44 provides for offences. Regulations 45 and 46 effect a modification of the regulations in respect of adult placement carers. Regulation 48 allows the National Assembly to specify offices in parts of Wales for the giving of notices to it under the Regulations.

Read the full note and every offence in this instrument

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 0.88.

Basis
the provision says the conduct “is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.88 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