The Older Cattle (Disposal) (England) Regulations 2005 (revoked)
UK Statutory Instrument 2005 No. 3522 — creates 5 criminal offences.
- Made
- 22 December 2005
- In force from
- 23 January 2006
- Extent
- Not stated
- Subject
- Agriculture, plant health, food production and rural affairs
- Made under
- European Communities Act 1972
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
These Regulations make provision for the enforcement of certain of the requirements of Commission Regulation (EC) No 716/96, adopting exceptional support measures for the beef market in the United Kingdom (as last amended by Commission Regulation (EC) No. 2109/2005 of 22 December 2005, OJ No. L337, 22.12.05, p. 25). The Commission Regulation introduced a scheme authorising the United Kingdom to purchase any bovine animal born or reared within the United Kingdom before 1 August 1996 which does not exhibit any clinical sign of BSE and which was, during a period of at least six months prior to its sale, present on a holding located in United Kingdom territory. Various requirements are specified as to the slaughter, treatment and disposal of animals subject to the scheme. Regulation 3 creates offences in respect of breaches of the provisions of the Commission Regulation referred to in Column 1 (and described in Column 2) of the Schedule to the Regulations. Regulation 4 provides that these Regulations are to be enforced by the Secretary of State, who shall appoint inspectors for this purpose. Regulations 5 to 8 detail the powers of those inspectors, and the consequences of failure to comply with, or of obstructing, the inspectors. Under regulation 9, breach of the Regulations is an offence punishable on summary conviction to a fine up to the statutory maximum, currently £5,000, or three months imprisonment. On indictment the penalty is an unlimited fine or two years imprisonment. A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.
Offences created by this instrument
- Where there is, in a slaughterhouse, a contravention of, or failure to comply with, any provision of Commission… regulation 3(1) · Status not determined · Strict liability
- Where there is, at premises housing an incinerator or at a processing plant, a contravention of, or failure to comply… regulation 3(2) · Status not determined · Strict liability
- Powers of entry and inspectors' powers regulation 5(3) · Status not determined · Strict liability
- Obstruction regulation 6 · Status not determined · Requires proof of a state of mind
- Compliance with notices regulation 8(2) · Status not determined · Strict liability
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2005