UK Offence Report

1 It shall be an offence for any person or organisation to fail to comply with – a regulation 3(4) (issue of…

regulation 23(1) of Horse Passports Regulations (Northern Ireland) 2004 (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

1 It shall be an offence for any person or organisation to fail to comply with –

a regulation 3(4) (issue of

a document purporting to be

a passport);

b regulation 6(2) (applying for more than one passport for

a horse);

c regulation 7 (time limits for obtaining

a passport);

d regulation 10 (multiple registration and cancellation of registration);

e regulation 13(1) (bringing

a horse into Northern Ireland);

f regulation 14(2), 14(3) or 14(4) (signing the declaration relating to slaughter for human consumption);

g regulation 15(1) (alteration of

a passport) or 15(2) (possession of

a document purporting to be

a passport);

h regulation 16(1) (application for

a replacement passport);

i regulation 17 (restrictions on the use of

a horse without

a passport);

j regulation 18 (administration of veterinary medicinal products);

k regulation 19 (duties of owners);

l regulation 20 (slaughter for human consumption);

m regulation 22 (obstruction).

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 This is the text as originally made; later amendments are not shown here.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
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 23(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. On these words it is an offence to fail to comply with – a regulation 3(4) (issue of a document purporting to be a passport).
  2. Refusing to let an inspector onto premises they are entitled to enter under the Horse Passports Regulations (Northern Ireland) 2004.
  3. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  4. Physically blocking an examination, or removing something an officer has said they intend to inspect.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

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
2 December 2004
In force from
10 January 2005
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 Council Directive 90/426/EEC (O.J. No. L224, 18.8.1990, p. 42), Council Directive 90/427/EEC (O.J. No. L224, 18.8.1990, p. 55) and Commission Decisions 92/353/EEC (O.J. No. L192, 11.7.1992, p. 63), 93/623/EEC (O.J. No. L298, 3.12.1993, p. 45) and 2000/68/EC (O.J. No. L23, 28.1.2000, p. 72). They revoke and replace the Horse Passports Regulations (Northern Ireland) 1999. The Regulations specify which organisations are authorised to issue passports and give them powers and duties (regulations 3 to 5), make provision for application and issue of passports (regulations 6 to 12 and the Schedule) and make provision for horses entering Northern Ireland (regulation 13). They make requirements concerning the declaration to be made on the passport relating to slaughter for human consumption (regulation 14). They prohibit defacement of passports, make it an offence to possess a false passport and make provision for the replacement of lost passports (regulations 15 and 16). They specify that horses must be accompanied by their passports when used for certain purposes (regulation 17). They impose duties on veterinary surgeons and other persons to mark the passport when they administer veterinary medicines (regulation 18). They make provision relating to the sale of a horse (regulation 19) and relating to the slaughter of a horse (regulation 20). They contain provisions relating to powers of authorised officers and obstruction offences (regulations 21 and 22). They set out offences and penalties (regulations 23 and 24). In the case of failing to comply with regulation 3(4) (issue of a document purporting to be a passport), regulation 18(2)(c), 18(2)(d) or 18(4) (completion of the passport following administration of a veterinary medicinal product) or regulation 20 (slaughter for human consumption) a person is liable – a on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or both; or b on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both. A person guilty of any other offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale. A Regulatory Impact Assessment has been prepared. Copies can be obtained from Farm Policy Branch, Department of Agriculture and Rural Development, Dundonald House, Upper Newtownards Road, Belfast, BT4 3SB.

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