UK Offence Report

11 A failure to comply with regulation 10 shall be an offence.

regulation 11 of The Registration of Social Care and Independent Health Care (Wales) Regulations 2002

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

11 A failure to comply with regulation

10 shall be 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 This is the text as originally made; later amendments are not shown here.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
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 11?

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 Registration of Social Care and Independent Health Care (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
28 March 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 to Wales only. Part I of the Act establishes the National Assembly for Wales (“the National Assembly”) as the registration authority for the purposes of the Act in relation to Wales. Part II provides for the registration and inspection by the National Assembly of the following descriptions of establishments and agencies: children’s homes, independent hospitals, independent hospitals in which treatment or nursing (or both) are provided for persons liable to be detained under the Mental Health Act 1983, independent clinics and independent medical agencies and care homes (sections 1 to 3 of the Act); and residential family centres, domiciliary care agencies, fostering agencies, nurses agencies and voluntary adoption agencies (section 4 of the Act). Part VI inserts a new Part XA and Schedule 9A into the Children Act 1989 (“the 1989 Act”) relating to child minding and the provision of day care for children under eight. These Regulations make provision in relation to the registration of care homes, children’s homes, independent hospitals and independent clinics, child minders and providers of day care. Under Part II of the Act, the National Assembly has the function of granting or refusing applications for registration under the Act. It may grant registration subject to conditions and may vary or remove any condition or impose an additional condition. It also has power to cancel registration. Regulations 4 to 15 make provision in relation to registration under Part II of the Act. Regulations 4 and 5 of, and Schedules 1 to 6 to, these Regulations specify the information and documents that are to be provided by an applicant for registration. Regulation 6 requires the responsible person to attend an interview. Regulations 7 and 8 require the applicant to give notice of certain changes that take place, or details of staff engaged, after the application for registration is made and before it is determined. Regulation 9 specifies the particulars that any certificate of registration is to contain. Regulation 10 requires a person who is registered in respect of an establishment to return the certificate to the National Assembly if the registration is cancelled. Failure to comply with that requirement is an offence under regulation 11. Regulation 12 makes provision in respect of an application by the registered person to apply for the variation or removal of a condition in relation to his or her registration. Regulation 13 requires the registered person to report the relevant circumstances to the National Assembly if it appears that the establishment or agency is likely to cease to be financially viable. Regulation 14 specifies certain grounds on which the National Assembly may cancel a person’s registration. Other grounds on which registration may be cancelled are specified by section 14 of the Act. Regulation 15 provides for the registered person to apply for his or her registration to be cancelled. Part VI of the Regulations make provision in relation to registration of child minders and providers of day care for children under eight.

Read the full note and every offence in this 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