UK Offence Report

19 Failure to comply with any of the provisions of regulations 9 and 14 to 16 is an offence.

regulation 19 of The Private Dentistry (Wales) Regulations 2008

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

19 Failure to comply with any of the provisions of regulations 9 and 14 to 16 is 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 This is the text as originally made; later amendments are not shown here.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 19?

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. On these words an offence is committed where there is failure to comply with any of the provisions of regulations 9 and 14 to 16.
  2. Not doing what the provision requires under the Private Dentistry (Wales) Regulations 2008, by the time it requires it to be done.
  3. 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 July 2008
In force from
1 January 2009
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”). They modify the Act so as to apply Part II of the Act to dentists who provide dental services otherwise than in pursuance of the National Health Service (Wales) Act 2006 (“private dentistry”). They make provision in relation to those persons and services. Part I of the Act and Part II as applied by these Regulations provide for the Welsh Ministers, in relation to Wales, to register persons providing private dentistry. Part II provides that a person who provides private dentistry without being registered to do so commits an offence. The Act also provides for the Welsh Ministers to make regulations in relation to such persons and services. Under section 13 of the Act the Welsh Ministers must be satisfied that the regulations are being and will continue to be complied with before an application for registration is granted. Regulations 3 and 4 and Schedule 1 apply, with modification, Part II of the Act to persons who provide private dentistry. Regulation 5 specifies the form for making an application for registration and the information that must be supplied with that application. Distinction is made between those applicants who intend to provide only private dental services and those who also provide dental services for the purposes of the NHS. Regulation 6 requires the disclosure of spent convictions if requested by the registration authority and regulation 7 requires the applicant to give notice of certain changes if they occur between application and registration. Regulation 8 specifies the contents of the certificate of registration. Regulation 9 requires return of the certificate following cancellation. Regulation 10 specifies the procedure for application for variation or removal of a condition of registration. Regulations 11 and 12 make provision about the cancellation of registration. Regulation 13 and Schedule 2 set out requirements in relation to the fitness of a registered person. Regulation 14 makes provision about the quality of private dental services. Regulations 15 and 16 make provision about complaints procedure and handling of complaints. Regulation 17 prescribes the annual fee payable by registered persons. Regulation 18 requires notification to be given of certain events. Regulation 19 specifies that failure to comply with certain regulations is an offence. Regulation 20 provides that the registration authority may specify an appropriate office for the purpose of these Regulations. Regulations 21 and 22 make consequential amendments and regulation 23 makes transitional provisions.

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