UK Offence Report

Records of decisions, etc

regulation 43(6) of The Valuation Tribunal for Wales Regulations 2010

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

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 This is the text as originally made; later amendments are not shown here.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 43(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 Tribunal for Wales Regulations 2010.
  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
Status not determined
Made
9 March 2010
In force from
Not determined
Extent
W

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 create a single valuation tribunal for Wales (“VTW”). The VTW replaces four tribunals (“the old tribunals”) and the valuation tribunal service for Wales. These Regulations are made under sections 140(4) and 143(1) and (2) of, and paragraphs 1, 4 to 8, 11, 12 and 14 to 16 of Schedule 11 to, the Local Government Finance Act 1988 and section 24 of the Local Government Finance Act 1992. Parts 1 to 4 of these Regulations come into force on 1 April 2010 and Parts 5 and 6 come into force on 1 July 2010. The VTW will deal with appeals made under the statutory provisions as defined in regulation 3. The VTW will commence dealing with such appeals on 1 July 2010. All appeals up to and including 30 June 2010 will be transferred to the VTW. These Regulations revoke the Valuation Tribunals (Wales) Regulations 2005 (“the 2005 Regulations”). Part 2 of these Regulations provides for the establishment of the VTW, its Governing Council and the appointment of members, the president of the VTW, regional representatives and chairpersons. Regulation 4 establishes the VTW on 1 April 2010. Regulation 5 establishes the Governing Council on 1 July 2010. Regulations 6 to 8 provide for the membership of the Governing Council and its functions. Regulations 9 and 10 and Schedule 1 make provision for the number of members of the VTW, the number to be appointed by each appointing council and President, and their appointment and duration of membership. Regulations 11 and 12 deal with the appointment of the VTW’s President and its Chairpersons. Regulation 13 deals with the appointment of four regional representatives (who will be members of the Governing Council) and their deputies. Regulation 14 provides for the circumstances in which a person is to be disqualified from membership. Part 3 of these Regulations relates to staff, allowances for members, administration, accommodation and equipment. Regulations 15 and 16 provide for the appointment of a Chief Executive (who is to be clerk to the VTW) and the appointment of other employees. The chief executive of the former tribunal valuation service for Wales is to be the first Chief Executive of the VTW. Regulation 15 also deals with the delegation of the Chief Executive’s functions. Regulation 17 provides for allowances to be payable to members of the VTW as the Welsh Ministers determine. Regulations 18 to 20 relate to administration, accommodation and equipment of the VTW. Part 4 contains transitional provisions. Regulation 21 provides for members of the old tribunals to transfer to the VTW. Regulation 22 provides that chairpersons of the old tribunals are to be chairpersons of the VTW. Regulation 23 provides for the transfer of staff of the former valuation tribunal service for Wales to the VTW. Regulation 24 deals with the transfer of property, rights and liabilities of the former valuation tribunal service for Wales to the VTW. Regulations 25 and 26 make provision in relation to transferred appeals and the winding up of the old tribunals and the former valuation tribunal service for Wales. Part 5 provides for the procedure for dealing with appeals in relation to council tax, largely re-enacting the provisions in the 2005 Regulations. Part 6 deals with revocations and amendments consequential on these Regulations.

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