UK Offence Report

Records of decisions, etc

regulation 40(6) of The Valuation Tribunals (Wales) Regulations 2005

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

6 If, without reasonable excuse,

a person having custody of the record intentionally obstructs

a person in exercising the right conferred by paragraph (5), that person will be liable on summary conviction to

a fine not exceeding level

1 on the standard scale.

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 This is the text as originally made; later amendments are not shown here.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
obstructing an official exercising a power
Fault element
Requires proof of a state of mind
Burden of proof
An element of the offence, for the prosecution to prove

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

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: mens rea word in the offence-creating words: intentionally; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

6 If, without reasonable excuse, a person having custody of the record intentionally obstructs a person in exercising the right conferred by paragraph (5), that person will be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

What would breach regulation 40(6)?

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. Refusing to let an inspector onto premises they are entitled to enter under the Valuation Tribunals (Wales) Regulations 2005.
  2. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  3. Physically blocking an examination, or removing something an officer has said they intend to inspect.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£200
Standard scale
Level 1
Maximum prison (summary)
Not determined

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
Revoked
Revoked by
The Valuation Tribunal for Wales Regulations 2010
Made
6 December 2005
In force from
Not determined
Extent
Not stated

How this was established: the instrument was revoked by a later instrument found in this corpus.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations establish a Valuation Tribunal Service for Wales. The Valuation Tribunal Service for Wales will comprise of a Valuation Tribunal for each of the areas specified in Schedule 1. The Valuation Tribunals will deal with appeals made under the statutory provisions as defined in regulation 3. The Valuation Tribunals will commence dealing with such appeals on the 15 February 2006. All appeals up to and including 14 February 2006 will continue to be dealt with by an old Tribunal. These Regulations revoke— The Valuation Tribunals (Wales) Regulations 1995; Regulations 1 to 5 of the Valuation Tribunals (Amendments) (Wales) Regulations 2001; and The Valuation Tribunals (Wales) (Amendments) Regulations 2004. Part 2 and 3 of these Regulations provide for the establishment of the Valuation Tribunal Service for Wales, its Governing Council and the Valuation Tribunals. Regulation 5 and 6 establishes the Valuation Tribunal Service for Wales and the Governing Council. Regulation 7 deals with the functions of the Valuation Tribunal Service for Wales. Regulations 8 and 9 provide for the membership of the Governing Council. Regulation 10 deals with the appointment of the Director and Deputy Director of the Governing Council. Regulation 11 establishes a Valuation Tribunal for each of the areas of the jurisdiction set out in Schedule 1. Regulations 12 and 13 make provision for the number of members for each Valuation Tribunal, the number to be appointed by each appointing council and President, and their appointment and duration of membership. Regulations 14 and 15 deal with the appointment of the Valuation Tribunals President and its Chairpersons. Regulation 16 provide for the circumstances in which a person is to be disqualified from membership. Regulation 17 provide for the allowances payable to members. Part 3 of these Regulations relate to staff, administration, accommodation and equipment. Regulation 18 provides for the appointment of an interim Chief Executive, a Chief Executive and the appointment of any other employees (including Clerks) as the Valuation Tribunal Services for Wales may determine. This Regulation also provides for the delegation of the Chief Executive’s functions. Regulation 19, 20 and 21 relates to administration, accommodation and equipment. Part 4 contains transitional provisions in relation to transferred appeals and the winding up of existing Tribunals. Part 5 provides for the procedure for dealing with appeals in relation to Council Tax.

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 0.72.

Basis
the provision states liability on summary conviction
Confidence
0.72 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