UK Offence Report

12 It shall be an offence for a person– a without reasonable excuse, to fail to comply with the provisions…

regulation 12 of The Suckler Cow Premium (Scotland) Regulations 2001

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

12 It shall be an offence for

a person–

a without reasonable excuse, to fail to comply with the provisions of regulation 7(1);

b intentionally to obstruct an authorised person in the exercise of

a power conferred by regulation 8;

c without reasonable excuse, to fail to comply with

a request made under regulation 9; or

d knowingly or recklessly to make

a statement or furnish any information which is false or misleading in

a material particular where the statement is made or the information is furnished–

i in purported compliance with any requirement imposed under regulation 7(1); or

ii for the purposes of obtaining for that or any other person the whole or any part of any premium.

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 This is the text as originally made; later amendments are not shown here.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

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (intentionally, knowingly, knowingly or recklessly, recklessly).

“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: mens rea word in the offence-creating words: knowingly, intentionally, recklessly, knowingly or recklessly; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

12 It shall be an offence for a person– a without reasonable excuse, to fail to comply with the provisions of regulation 7(1); b intentionally to obstruct an authorised person in the exercise of a power conferred by regulation 8; c without reasonable excuse, to fail to comply with a request made under regulation 9; or d knowi

What would breach regulation 12?

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 Suckler Cow Premium (Scotland) Regulations 2001.
  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
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
8 June 2001
In force from
1 July 2001
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, which come into force on 1st July 2001, replace the provisions of the Suckler Cow Premium Regulations 1993 (S.I. 1993/1441) and the Suckler Cow Premium (Amendment) Regulations 1994 to 1997 (S.I. 1994/1528, 1995/15, 1995/1446, 1996/1488, and 1997/249). The Regulations lay down implementing measures for the suckler cow premium scheme provided for in Article 6 of Council Regulation (EC) No. 1254/1999 on the common organisation of the market in beef and veal. They provide for the administration of the scheme in relation to applicants and their holdings where those holdings are situated wholly in Scotland, and also holdings situated partly in Scotland and partly elsewhere in the United Kingdom, where the Scottish Ministers are responsible for processing the farmer’s claim for suckler cow premium (regulations 3 to 6). They also lay down enforcement provisions applicable where the Scottish Ministers have such responsibility (regulations 8 to 15). The rules relating to administration provide for the submission of applications for suckler cow premium (regulation 4) and the retention of records by applicants (regulation 7), impose sanctions for overgrazing and the use of unsuitable supplementary feeding methods (which are included as a condition of the scheme by virtue of Article 3 of Council Regulation (EC) No. 1259/1999 establishing common rules for direct support schemes under the common agricultural policy) (regulations 5 and 6) and provide for withholding or recovery of suckler cow premium where there is a breach of the rules of the scheme (regulations 10 and 11). The enforcement provisions confer powers of entry, inspection and collection of evidence on authorised persons (regulations 8 and 9). These include the powers required under Article 6 of Commission Regulation (EEC) No. 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes. Regulations 12 to 15 deal with offences and penalties. No Regulatory Impact Assessment has been prepared in respect of these Regulations.

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 0.90.

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