UK Offence Report

Application to vary

regulation 12(3)(e) of The Special Procedures Approved Premises and Vehicles (Wales) Regulations 2024

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

e include

a declaration signed by the certificate holder that states to the best of their knowledge the information provided by the certificate holder in the application is true and the certificate holder understands that it is an offence under section 82(7) of the Act to give information which is false or misleading (whether knowingly or recklessly).

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 This is the text as originally made; later amendments are not shown here.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 certificate holder
Conduct
making a false or misleading statement
Fault element
Requires proof of a state of mind
Burden of proof
No statutory defence — prosecution proves everything

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

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: mens rea word in the offence-creating words: knowingly, recklessly, knowingly or recklessly.

What would breach regulation 12(3)(e)?

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. Entering a figure on a form or return that is known to be wrong under the Special Procedures Approved Premises and Vehicles (Wales) Regulations 2024.
  2. Leaving out something the form asks for, where the omission is what makes the answer misleading.
  3. Producing a document to an official that has been altered since it was issued.

Penalty

Mode of trial
Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine
Not determined
Maximum prison (summary)
Not determined

The instrument does not state a penalty itself. It sets one by reference to section 82(7) of the Act.

penalty is that of the referenced enactment; not stated in this instrument.

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
27 November 2024
In force from
29 November 2024
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.

Part 4 of the Public Health (Wales) Act 2017 (“the Act”) provides that certain individuals who perform special procedures (as listed in section 57 of the Act) in Wales must be licensed by a local authority. Section 69 of the Act requires the performance of a special procedure, carried on in the course of a business, to be performed at a premises or in a vehicle approved by a local authority (unless that premises or vehicle is not required to be approved). Part 2 of these Regulations sets out the circumstances in which the requirement that a special procedure must be performed at premises or in a vehicle approved by a local authority is disapplied. Part 3 of these Regulations makes provision about applications for approval certificates generally required for the performance, in the course of a business, of a special procedure at premises or in a vehicle, including the criteria that must be met in order for an application for an approval certificate to be granted. Part 3 also makes provision about the form and content of an application form. Part 4 of these Regulations makes provision about the grant or refusal of an application for an approval certificate. Part 5 of these Regulations makes provision about the form and content of an approval certificate issued by a local authority when approving an application for a premises or vehicle. Part 6 of these Regulations sets out the mandatory approval conditions which apply to an approval certificate. Part 7 of these Regulations makes provision about an application made by a certificate holder to the local authority to vary an approval certificate. Part 8 of these Regulations makes provision about an application made by a certificate holder to the local authority to renew an approval certificate. Part 9 of these Regulations makes provision about the circumstances and manner in which a certificate holder may apply to the local authority for a copy of an approval certificate. Part 10 of these Regulations makes provision about fees in relation to approval certificates. Section 72 of the Act makes provision about the voluntary termination of an approval certificate and the notice that may be given by the certificate holder to the local authority. Part 11 of these Regulations makes further provision about the notice requirements when given by a certificate holder to a local authority to voluntarily terminate an approval certificate. Part 12 of these Regulations makes provision about the procedure a local authority must follow to give notice to an applicant or certificate holder where the local authority proposes to refuse an application made under these Regulations, and the right of that applicant or certificate holder to make representations to the local authority about the local authority’s proposals. Part 12 also makes provision about the requirement for a local authority to notify the applicant or certificate holder of its decision. Part 13 makes provision about an appeal against the refusal of an application, including the right to appeal to the magistrates’ court or the Crown Court. The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.

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 0.90.

Basis
the provision says “it is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.90 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