UK Offence Report

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

regulation 22 of The Beef Special 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

22 It shall be an offence for

a person–

a without reasonable excuse, to fail to comply with the provisions of regulations 6, 7,

8 or 17(1);

b intentionally to obstruct an authorised person in the exercise of

a power under regulation 18;

c without reasonable excuse, to fail to comply with

a request for assistance made under regulation 19; 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 17(1); or

ii for the purposes of obtaining for that person or any other person the whole or any part of any beef special 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 This is the text as originally made; later amendments are not shown here.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

22 It shall be an offence for a person– a without reasonable excuse, to fail to comply with the provisions of regulations 6, 7, 8 or 17(1); b intentionally to obstruct an authorised person in the exercise of a power under regulation 18; c without reasonable excuse, to fail to comply with a request for assistance made under re

What would breach regulation 22?

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 Beef Special 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
28 November 2001
In force from
1 January 2002
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 extend to Scotland only, consolidate with amendments the Beef Special Premium Regulations 1996 and the Beef Special Premium (Amendment) Regulations 1999. The Regulations implement measures for the beef special premium scheme provided for in Article 4 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 holdings situated wholly in Scotland and holdings situated partly in Scotland and partly elsewhere in the United Kingdom, where the Scottish Ministers are the competent authority in respect of an application for beef special premium. The main change effected by these Regulations is that, in respect of any application for beef special premium, the headage limit of 90 bovine animals per holding and per age bracket has been waived (regulation 13). Regulation 13 also introduces a limit on the number of applications for beef special premium that may be made by a producer in a given year and, in respect of a small producer (as defined), disapplies the reduction in the number of animals entitled to benefit from the premium where the regional ceiling (also as defined) is exceeded. The Regulations also– a make provision relating to the form and issue of a national administrative document (regulation 5). This implements Article 4(3)(a) of Commission Regulation (EC) No. 2342/1999 which lays down detailed rules for the application of Council Regulation (EC) No. 1254/99. Article 4(3)(a) enables member States to provide that a national administrative document shall take the form of a document accompanying each individual animal. A corresponding provision which requires that each animal be accompanied by a passport is contained in Article 6(2) of Regulation 1760/2000 of the European Parliament and Council which establishes a system for the identification and registration of bovine animals and deals with the labelling of beef products; b require that a bovine animal is accompanied by its national administrative document when sold, purchased and moved (regulation 6); c make provision relating to the surrender of a national administrative document on the loss, theft, export, slaughter or death (other than by slaughter) of a bovine animal (regulations 7 and 8); d make provision regarding the duplication or replacement of a national administrative document (regulation 9); e make provision for the making of an application for beef special premium, including the requirement that the application is accompanied by the cattle passport or national administrative document issued in respect of all animals included in the application (regulations 10 to 13); f enable an applicant to set the starting date for the commencement of the retention period for the animals specified in the application (regulation 14); g enable beef special premium otherwise payable to be reduced or withheld and any such premium already paid to be recovered where excessive numbers of bovine animals are being grazed and maintained on land which the Scottish Ministers have identified as being overgrazed (regulation 15); h enable beef special premium otherwise payable to be reduced or withheld and any such premium already paid to be recovered, if the applicant uses unsuitable supplementary feeding methods (regulation 16). Regulations 15 and 16 are included in the Regulations in implement of Article 3 of Council Regulation (EC) No. 1259/99 which establishes common rules for direct support schemes under the common agricultural policy; i require an applicant to retain specified documents (regulation 17); j confer powers of entry, inspection and collection of evidence on authorised persons (regulations 18 and 19). These include the powers required under Article 6 of Commission Regulation (EC) No. 3887/92 which lays down detailed rules for applying the integrated administration and control system for certain Community aid schemes; k provide for the withholding or recovery of beef special premium where there is a breach of the scheme rules (regulation 20) and prescribe the rate of interest that may be charged on any sums recovered (regulation 21); l create offences and lay down penalties (regulations 22 and 23); m specify time limits for bringing prosecutions (regulation 24); n make provision for offences committed by bodies corporate (regulation 25); and o revoke a number of provisions in consequence, subject to a saving (regulation 26). 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