UK Offence Report

Offences and penalties

regulation 76(2) of Transmissible Spongiform Encephalopathy Regulations (Northern Ireland) 2002 (revoked)

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

2 If any person contravenes or fails to comply with – a paragraph (1); b a direction of the Department or the Agency under regulation 73; c a notice served under this Part; or d any other prohibition or requirement imposed by or under this Part, he shall be guilty of 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 This is the text as originally made; later amendments are not shown here.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
contravening a requirement of the instrument
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 76(2)?

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. Doing the thing the provision prohibits under the Transmissible Spongiform Encephalopathy Regulations (Northern Ireland) 2002, whatever the reason for doing it.
  2. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£5,000
Maximum prison (summary)
3 months
Maximum prison (on indictment)
2 years

expressed as the statutory maximum (the prescribed sum): the same words mean £5,000 in England and Wales and £10,000 in Scotland.

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
24 June 2002
In force from
18 July 2002
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 make provision in Northern Ireland, otherwise than in relation to trade, for – a the administration and enforcement of the following directly applicable Community legislation (“the Community TSE Regulation and Community Transitional Measures”) – Regulation (EC) No. 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (O.J. No. L147, 31.5.2001, p. 1) (“the Community TSE Regulation”); Commission Regulation (EC) No. 1248/2001 of 22 June 2001 amending Annexes III, X and XI to Regulation (EC) No. 999/2001 of the European Parliament and of the Council as regards epidemio-surveillance and testing of transmissible spongiform encephalopathies (O.J. No. L173, 27.6.2001, p. 12); Commission Regulation (EC) No. 1326/2001 of 29 June 2001 laying down transitional measures to permit the changeover to the Regulation of the European Parliament and of the Council (EC) No. 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, and amending Annexes VII and XI to that Regulation (O.J. No. L177, 30.6.2001, p. 61); and Commission Regulation (EC) No. 270/2002 of 14 February 2002 amending Regulation (EC) No. 999/2001 of the European Parliament and of the Council as regards specified risk material and epidemio-surveillance for transmissible spongiform encephalopathies and amending Regulation (EC) No. 1326/2001 as regards animal feeding and placing on the market of ovine and caprine animals and products thereof (O.J. No. L 45, 15.2.2002, p. 4); and b continuing the implementation of Council Decision 2000/766/EC (O.J. No. L306, 7.12.2000, p. 32) concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein and Commission Decision 2001/9/EC (O.J. No. L2, 5.1.2001, p. 32) concerning control measures required for the implementation of Council Decision 2000/766/EC, in accordance with Article 1(2) of Commission Regulation (EC) No. 1326/2001. Part I of these Regulations contain introductory provisions. These include the application provisions of regulation 2 and the interpretation provisions of regulation 3. Part II of these Regulations makes provision for the administration and enforcement of the Community TSE Regulation and Community Transitional Measures in relation to TSE monitoring. These are provisions for TSE monitoring, movement prohibitions and restrictions of TSE susceptible animals; slaughter of TSE susceptible animals at slaughterhouses and at other premises; retention and seizure of carcases etc. of TSE susceptible animals; provision for compensation; and provision for notifications. Part III of these Regulations makes provision in relation to animal feeding. It continues the implementation of Council Decision 2000/766/EC and Commission Decision 2001/9/EC. Article 1(2) of Commission Regulation (EC) No. 1326/2001 and section C of Annex XI to the Community TSE Regulation (added by Article 3(3), and Annex IV of Commission Regulation (EC) No. 1326/2001) provide that this Council Decision and Commission Decision remain in force. The implementation of these Decisions was previously provided by the Processed Animal Protein Regulations (Northern Ireland) 2001 which is revoked in part by these Regulations. Part III also includes provisions dealing with matters arising out of and related to these Decisions, including provisions relating to feeding ruminants with mammalian protein and livestock with mammalian meat and bone meal. Part IV of these Regulations makes provision for the administration and enforcement of the Community TSE Regulation and Community Transitional Measures in relation to specified risk material. These are prohibitions on the removal, collection or disposal of specified risk material except at approved or licensed premises; provisions for approving or licensing of premises for the removal, collection or disposal of specified risk material; prohibitions on the sale of specified risk material for human consumption; prohibitions relating to mechanically recovered meat and pithing; provisions for the separation of live animals and products of animal origin in premises which use specified risk material in production and live animals in or intended for research; prohibitions on feeding specified risk material to animals; provisions relating to transport and storage of specified risk material; requirements to make and keep records; requirements for cleansing and disinfection; powers of inspectors; provisions relating to compliance with notices, suspension and revocation of approvals and licences; appeals against suspension and revocation of approvals and licences; and offences. Part V of these Regulations makes provision for the administration and enforcement of the Community TSE Regulation and Community Transitional Measures in relation to control and eradication of TSE. These are provisions for notifications of animals affected or suspected of being affected by a TSE; measures with respect to animals affected or suspected of being affected by a TSE; movement prohibitions and restrictions of animals affected or suspected of being affected by a TSE; slaughter of animals affected or suspected of being affected by a TSE; retention and seizure of carcases etc. of TSE susceptible animals; provisions for compensation; prohibitions in respect of the sale and supply of milk from affected or suspected animals and requirements for cleansing and disinfection. Part VI of these Regulations makes provision in relation to placing on the market of first generation progeny of and semen, embryos and ova derived from certain animals. Part VI also makes provision for the continued implementation of Council Decision 98/256/EC (OJ No. L113, 15.4.98, p. 32), concerning emergency measures to protect against bovine spongiform encephalopathy, amending Decision 94/474/EC and repealing Decision 96/239/EC in relation to offspring of bovine animals. Council Decision 98/256/EC remains in force as a transitional measure by virtue of Article 1(1) of Commission Regulation (EC) 1326/2001 and section D of Annex XI to the Community TSE Regulation (added by Article 3(3) and Annex IV of Commission Regulation (EC) 1326/2001). Part VII of these Regulations makes provision for the administration and enforcement of the Community TSE Regulation and Community Transitional Measures in relation to sampling and laboratory methods. Part VIII of these Regulations makes further provision for offences and penalties and provides for enforcement of the Regulations. Part IX contains general provisions relative to slaughter and compensation. Part X of these Regulations contains amendments, revocations and savings.

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 0.92.

Basis
the provision says a person is “guilty of an offence”
Confidence
0.92 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