UK Offence Report

Offences and Penalties

regulation 30(1) of The Forest Reproductive Material Regulations (Northern Ireland) 2002

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

1 A person shall be guilty of an offence if without reasonable excuse, proof of which shall lie with him, he– a contravenes regulations 8(2), 9(2),(3) and (9)(a), 16(1), 17 and 21 to 25; b breaches any condition on which a licence has been granted to him under regulation 18; c fails to produce records or other documents when required to do so under regulation 26 or to provide access and reasonable facilities for the inspection or copying of electronic material under that regulation; d obstructs or impedes an authorised officer, or any person nominated by an authorised officer under regulation 26(6) in the exercise of powers set out in regulations 26 and 27; e provides or permits to be provided false information in any document required under these regulations; or f falsifies test results of assessments carried out for the purpose of providing the information required under regulation 19(2) as read with regulation 20, or otherwise interferes with the testing process so that the information provided pursuant to regulation 19(2) as read with regulation 20 is false.

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 This is the text as originally made; later amendments are not shown here.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
Strict liability
Burden of proof
An element of the offence, for the prosecution to prove

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.

“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: no word of intention, knowledge, recklessness or negligence in the offence or its provision; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

1 A person shall be guilty of an offence if without reasonable excuse, proof of which shall lie with him, he– a contravenes regulations 8(2), 9(2),(3) and (9)(a), 16(1), 17 and 21 to 25; b breaches any condition on which a licence has been granted to him under regulation 18; c fails to produce records or other documents when re

What would breach regulation 30(1)?

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 Forest Reproductive Material Regulations (Northern Ireland) 2002.
  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
Not determined
Standard scale
Level 5
Maximum prison (summary)
Not determined

the level is stated but no money value is given: this instrument extends outside the United Kingdom, where the standard scale set by s.122(1) of the Sentencing Act 2020 does not run.

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
19 December 2002
In force from
1 January 2003
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 implement in Northern Ireland Council Directive 1999/105/EC of 22nd December 1999 on the marketing of forest reproductive material (O.J. No. L11, 15.1.2000, p. 17). The Directive replaces Directive 66/404/EEC on the marketing of forest reproductive material and Council Directive 71/161/EEC on external quality standards for forest reproductive material marketed within the Community. The Regulations replace the Forest Reproductive Material Regulations 1977 (S.R. 1977/194) (“the 1977 Regulations”). These Regulations make provisions for the approval of basic material for use in the production of forest reproductive material intended to be marketed, providing for four categories of forest reproductive material which may be marketed in Northern Ireland: source-identified, selected, qualified and tested. Approval of basic material for production of forest reproductive material in one or other of these categories is dependent on the basic material meeting certain criteria set out in the Schedule relevant for the particular category (Schedules 2–5). The Regulations provide for the Department of Agriculture and Rural Development to demarcate and publish a Region of Provenance in respect of certain basic material (regulation 5), and for the establishment and maintenance by it of a Register of approved basic material (regulation 6). Provision is made for the approval, withdrawal of and amendment to approval of basic material for use in the production of forest reproductive material (regulations 7 to 9). Applicants seeking approval for a specific unit of basic material must provide the Department of Agriculture and Rural Development with certain information and afford it inspection facilities if requested to do so. Applicants may be asked to provide further information about the basic material before it is registered. Once material is approved and registered, the Regulations require successful applicants to keep the Department informed about certain matters ongoing to the continuing validity of the approval. Regulation 11 provides for notice of collection of forest reproductive material to be given to the Department of Agriculture and Rural Development at least fourteen days prior to the collection of forest reproductive materials from identified approved basic material, and the Department may arrange to observe the collection process. Regulation 13 provides for the issue of Master Certificates in respect of material which has been collected or produced by other authorised means, such as mixing or subsequent multiplication by vegetative propagation, if the material is to be marketed as forest reproductive material. A Master Certificate must be applied for within nine months of the material being collected, etc, or in any event, before the material is marketed, whichever is the sooner. During production, forest reproductive material must be kept in separate lots according to the unit of approved basic material from which it was obtained, and each lot must satisfy the identification criteria if it is to be marketed subsequently (regulation 14). The marketing of forest reproductive material is limited to material which has been produced from basic material approved under Part II of the Regulations in accordance with the collection and production requirements set out in Part III (regulations 10–15). There are transitional provisions which allow certain stocks of forest reproductive materials existing when the Regulations come into force to be marketed until exhaustion, and there are also provisions for material brought into Northern Ireland from Great Britain and elsewhere in the EC to be marketed under certain conditions (for the purposes of these Regulations, the Channel Islands and the Isle of Man are to be treated as part of the European Community). There are provisions for other material which could not otherwise be marketed under these Regulations to be marketed under licence issued by the Department of Agriculture and Rural Development for scientific purposes or in the case of seed units clearly shown as not intended for forestry purposes (regulation 18). There are also labelling requirements for forest reproductive material marketed under these Regulations, principally for a suppliers' label or document disclosing key information (including the Master Certificate number) to accompany the material when it is marketed. Suppliers of forest reproductive materials must be registered and may be removed from the register if the Department is satisfied that a breach of the Regulations has occurred for which the registered supplier is responsible (regulation 16). Forest reproductive material may not be marketed by persons who are not registered suppliers, and commercial importers who bring forest reproductive material into Northern Ireland intending to market it must also be registered. The seed testing requirements of the 1977 Regulations have been replaced by independent assessments carried out using techniques approved in advance by the Department of Agriculture and Rural Development. There is no longer a requirement for testing to take place at an official seed testing station (regulations 19(2) and 20). Restrictions exist as to material exported elsewhere in the European Community from Northern Ireland (regulations 21 and 22) so that such forest reproductive material circulating in the Community which has been produced in Northern Ireland should comply with the regime as implemented in Great Britain, the Channel Islands, the Isle of Man and other Member States. There are various requirements imposed as to record keeping by those who successfully apply for approval of basic material, by registered suppliers, and by any other person undertaking the collection, production, storage, processing or transportation of forest reproductive material (regulation 26), and authorised officers have powers to inspect premises and take samples (regulation 27). Similar provisions are made as to the treatment of seed samples and their use in criminal proceedings as existed under the 1977 Regulations. (regulations 28 and 29). Offences are created in respect of failure to provide statutory information as to the condition of basic material which has been approved, and there are offences in respect of marketing and importing material in breach of the Regulations, including an offence of marketing in breach of the requirements for suppliers and importers of forest reproductive material to be registered suppliers. Appeal from certain decisions of the Department of Agriculture and Rural Development lie to the Plant Varieties and Seeds Tribunal (regulation 32), and forest reproductive material intended for purposes other than forestry is exempted on certain conditions, under regulation 33; under regulation 3, these Regulations do not apply to forest reproductive material intended for export or re-export to third countries. The Regulation imposes negligible costs to the industry and no Regulatory Impact Assessment ‘has been undertaken in respect of Northern Ireland.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

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