UK Offence Report

Contravention of The Food (Peanuts from Egypt) (Emergency Control) (Scotland) Order 2000

the instrument as a whole of The Food (Peanuts from Egypt) (Emergency Control) (Scotland) Order 2000

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

Contravening this instrument is an offence under sections 10(2), 33 and 35 of the Food Safety Act 1990. The instrument itself contains no offence-creating words.

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 This is the text as originally made; later amendments are not shown here.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
importing or exporting without authority
Fault element
Strict liability
Burden of proof
Not determined

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.

Classifier’s reasoning: contravention offences of this kind are strict as to the breach; the fault position is governed by the parent Act and was not read from it.

What would breach the instrument as a whole?

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. Moving the goods across the border under the Food (Peanuts from Egypt) (Emergency Control) (Scotland) Order 2000 without the licence the instrument requires.
  2. Holding a licence for one consignment and using it for another.
  3. Sending goods in transit through the United Kingdom, where the provision catches transit as well as import and export.

Penalty

Mode of trial
Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine
Not determined
Maximum prison (summary)
Not determined

The instrument does not state a penalty itself. It sets one by reference to sections 10(2), 33 and 35 of the Food Safety Act 1990.

the penalty is in the parent Act, not in this instrument.

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
Revoked
Revoked by
The Food (Peanuts from Egypt) (Emergency Control) (Scotland) Regulations 2003 (revoked)
Revoked on
30 September 2003
Made
22 February 2000
In force from
24 February 2000
Extent
Not stated

How this was established: the instrument was revoked by a later instrument found in this corpus.

What the instrument is for

(This note is not part of the Order) — the explanatory note published with the instrument, © Crown copyright.

This Order, which is made under section 13 of the Food Safety Act 1990 (“the 1990 Act”), replaces for Scotland the Food (Peanuts from Egypt) (Emergency Control) Order 1999 which prohibited the import of peanuts from Egypt. This Order permits such importation in accordance with the conditions in Article 1 of Commission Decision 2000/49/EC of 6th December 1999 repealing Commission Decision 1999/356/EC and imposing special conditions on the import of peanuts and certain products derived from peanuts originating in or consigned from Egypt. Article 1 of Commission Decision 2000/49/EC permits the import of Egyptian peanuts only where accompanied by Egyptian Government health certificates and results of sampling and analysis. Article 1 of the Decision also requires that the import of such peanuts takes place only through specified points of entry, that each consignment of such peanuts be identified with a code corresponding with that on the health certificate and sampling and analysis results. The Article also requires that all such imports be subjected to sampling and analysis for aflatoxin B1 and total aflatoxin before release onto the market. This Order also specifies the enforcement authorities (article 4) and applies, with modifications, provisions of the 1990 Act (article 5). Contravention of the Order is an offence under section 13(2) of the 1990 Act.

Read the full note and every offence in this 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 0.59.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.59 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