UK Offence Report

Amendments to the Eggs and Chicks Regulations (Northern Ireland) 2010

regulation 5(11) of The Single Common Market Organisation (Consequential Amendments) Regulations (Northern Ireland) 2014

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

Articles 75(2) and (3) of Regulation (EU) 2013 Article 30(2) of Commission Regulation (EC) No. 589/2008 Marking of eggs imported from

a third country where the rules applied in relation to those eggs in that country have been found to offer sufficient guarantees as to equivalence with EU legislation Articles 75(2) and (3) of Regulation (EU) 2013 Articles 11, 30(2) and (3) of Commission Regulation (EC) No. 589/2008 Marking of eggs imported from

a third country where sufficient guarantees of equivalence of the rules relating to those eggs with EU legislation have not been provided.

b in the table in Part 2 (provisions of Commission Regulation (EC) 589/2008)—

i in column

2 for “point II(1) of Part A of Annex XIV to the Single CMO Regulation”, in each place it occurs, substitute “point II(1) of Part VI of Annex VII to Regulation (EU) 2013”;

ii in column

2 for “Point II(2) of Part A of Annex XIV to the Single CMO Regulation” substitute “Point II(2) of Part VI of Annex VII to Regulation (EU) 2013”;

iii in column

2 for “point III(1) of Part A of Annex XIV to the Single CMO Regulation”, in each place it occurs, substitute “point III(2) of Part VI of Annex VII to Regulation (EU) 2013”;

iv in relation to the entry for Article 30(3) in column

2 omit “point IV(3) of Part A of Annex XIV”;

c in column

2 of the table in Schedule 3 (European salmonella related controls on eggs in shell for consumption contravention of which is an offence) for “Articles 113(3) and 116 of, and Part A of Annex XIV to, the Single CMO Regulation” substitute “Article

74 and Part VI of Annex VII to Regulation (EU) 2013”.

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 This is the text as originally made; later amendments are not shown here.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 5(11)?

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 Single Common Market Organisation (Consequential Amendments) Regulations (Northern Ireland) 2014, 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
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
19 March 2014
In force from
21 March 2014
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 amend a number of Regulations (set out in regulations 2 to 11 of these Regulations) consequential upon the Regulation (EU) No 1308/2013 of the European Parliament and of the Council adopted on 16 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (“Regulation (EU) 2013”). Regulation (EU) 2013 repeals (subject to transitional and final provisions set out in Article 230) the earlier Single Common Market Organisation - Council Regulation (EU) No 1234/2007 of 22 October 2007 (“Council Regulation 2007”) establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products. The transitional provisions set out in Article 230 provide for certain Articles in Council Regulation 2007 to continue to apply until corresponding marketing rules made under Regulation (EU) 2013 (“corresponding marketing rules”) come into force. The following Regulations are amended— a The Beef and Pig Carcase Classification Regulations (Northern Ireland) 2010 are amended to replace references to Council Regulation 2007 to Regulation (EU) 2013 (regulation 2). b The Beef and Veal Labelling Regulations (Northern Ireland) 2010 are amended to replace references to Council Regulation 2007 to Regulation (EU) 2013 (regulation 3). c The Drinking Milk Regulations (Northern Ireland) 2008 make provision for the enforcement of Article 114 (2) of Council Regulation 2007 (marketing standards for milk and milk products). Article 230 (1)(c) provides that Article 114 is to continue to apply until the corresponding marketing rules come into force. The 2008 Regulations are amended to replace the reference in regulation 3 (sale or delivery of milk and use of sales descriptions) to Annex XIII to Council Regulation 2007 to Part IV of Annex VII (milk for human consumption) to Regulation (EU) 2013 (regulation 4). d The Eggs and Chicks Regulations (Northern Ireland) 2010 make provision for the enforcement of EU marketing standards relating to eggs for hatching, poultry chicks and eggs in shell for consumption. Article 230 (1)(c) provides that Article 116 of, and certain parts of Annex XIV to, Council Regulation 2007 (marketing standards for products of eggs) are to continue to apply until the corresponding marketing rules come into force. Save to the extent that Council Regulation 2007 applies, Regulation (EU) 2013 applies and the 2009 Regulations are amended to refer to the relevant provisions in Regulation (EU) 2013 (regulation 5). e The Food Labelling Regulations (Northern Ireland) 1996 are amended to replace references to Council Regulation 2007 to Regulation (EU) 2013 (regulation 6). f The Marketing of Fresh Horticulture Produce Regulations (Northern Ireland) 2010 are amended to replace references to Council Regulation 2007 to Regulation (EU) 2013 (regulation 7). g The Milk and Milk Products (Pupils in Educational Establishments) Regulations (Northern Ireland) 2008 are amended to replace references to Council Regulation 2007 to Regulation (EU) 2013 (regulation 8). h The Poultrymeat Regulations (Northern Ireland) 2011 make provision for the enforcement of marketing standards relating to poultrymeat. Article 116 of, and certain parts of Annex XIV to, Council Regulation 2007 (marketing standards for poultrymeat) are to continue to apply until the corresponding marketing rules come into force. Save to the extent that Council Regulation 2007 applies, Regulation (EU) 2013 applies and the 2011 Regulations are amended to refer to the relevant provisions in Regulation (EU) 2013 (regulation 9). i The Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) Regulations (Northern Ireland) 2008 create offences of failing to comply with provisions in Council Regulation 2007 relating to marketing standards for fats and descriptions of milk and milk products (Articles 115 and 114 respectively). Article 230 (1)(c) of Regulation (EU) 2013 provides that Articles 114 and 115 of, and certain parts of Annex XIV to, Council Regulation 2007 are to continue to apply until the corresponding marketing rules come into force. Save to the extent that Council Regulation 2007 applies, Regulation (EU) 2013 applies and the 2008 Regulations are amended to refer to the relevant provisions in Regulation (EU) 2013 (regulation 10). j The Weights and Measures (Intoxicating Liquor) Order (Northern Ireland) 1989 is amended to replace the references to Council Regulation 2007 in Schedule A1 to Regulation (EU) 2013 (regulation 11).

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 0.88.

Basis
the provision says the conduct “is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.88 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