UK Offence Report

2 Any person who intentionally obstructs an authorised person (or a person assisting that authorised person…

regulation 18(2) of The Less Favoured Area Support Scheme (Scotland) Regulations 2002

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

2 Any person who intentionally obstructs an authorised person (or

a person assisting that authorised person in accordance with regulation 13) in the exercise of the powers conferred by regulation

13 shall be guilty of an offence.

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 This is the text as originally made; later amendments are not shown here.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
No statutory defence — prosecution proves everything

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

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: mens rea word in the offence-creating words: intentionally.

What would breach regulation 18(2)?

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 an offence is committed where a person intentionally obstructs an authorised person (or a person assisting that authorised person in accordance with regulation 13) in the exercise of the powers conferred by regulation 13.
  2. Refusing to let an inspector onto premises they are entitled to enter under the Less Favoured Area Support Scheme (Scotland) Regulations 2002.
  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
Revoked
Revoked by
The Less Favoured Area Support Scheme (Scotland) Regulations 2003
Revoked on
25 March 2003
Made
21 March 2002
In force from
22 March 2002
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 Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations, which replace the Less Favoured Area Support Scheme (Scotland) Regulations 2001, make provision for the purposes of implementation of Council Regulation (EC) No. 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund and Commission Regulation (EC) No. 1750/1999 laying down detailed rules for the application of Council Regulation No. 1257/1999. They apply to holdings in respect of which the Scottish Ministers are the competent authority under the Integrated Administration and Control System Regulations 1993 (regulation 1(2)). Applications for less favoured area support (“LFAS”) are to be made to the Scottish Ministers on a date which they shall determine each year. Failure to meet the deadline will result in reduction of the payment of support (regulation 3). Eligibility for payment of LFAS is dependent upon the applicant meeting the criteria set out in regulation 4. It can only be paid to an applicant who carries out an eligible agricultural activity (defined in regulation 2(1)) on eligible land (defined in regulation 6). No payment will be made where the amount of eligible land is less than 3 hectares (regulation 5). There is provision at regulation 7 to determine to whom payment should be made where a holding is transferred during a Scheme Year. LFAS is paid for eligible hectares on farms in Scottish less favoured areas at specified rates (regulations 8(1), 9(1), 9(2) and Schedule 3). The number of eligible hectares may be reduced because the applicant does not maintain minimum stocking densities, as appropriate (regulations 6(3) and 9(3)). Minimum stocking densities are defined in regulation 2(1) and Schedule 1. There is provision at regulation 6(6) to allow Scottish Ministers to determine the total number of livestock units where an applicant has not been able to achieve the minimum stocking density because of slaughter in consequence of foot and mouth disease. There are transitional arrangements for payments in 2002 and 2003 (regulation 10). For those years LFAS may be increased if an applicant is due to receive less under these Regulations when compared with any payment paid or due under the 1999 Regulations. There is also provision to reduce the payment to be paid under the transitional provisions where the forage area of the holding is reduced by more than 25% during the course of the Scheme Years relevant to payments to be made in 2002 to 2003 (regulation 10(4)). For the 2002 payment, where an applicant has increased the amount of eligible land since being paid under the 1999 Regulations the Scottish Ministers will fix the amount of the 1999 payment for the purposes of calculations in regulation 10. Regulation 11 makes transitional provision for applicants under the 2001 Regulations. Where an applicant under those Regulations either did not receive a payment under the 1999 Regulations (or received a reduced payment thereunder) or has increased the amount of eligible land since being paid under the 1999 Regulations, the Scottish Ministers shall fix the level of the 1999 Regulations payment for the purposes of determining a payment under that regulation. Regulation 12 sets the maximum amount of less favoured area support to be paid by the Scottish Ministers in 2002. Regulation 13 contains powers of enforcement. Regulation 15 provides for withholding or recovery of LFAS where there is a breach of the rules of the Scheme. Regulations 18 to 21 deal with offences and penalties. Regulations 22 to 24 deal with an applicant’s right of appeal against decisions taken by the Scottish Ministers. Regulation 25 makes consequential amendments to the Agricultural Subsidies (Appeals) (Scotland) Regulations 2000.

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 0.92.

Basis
the provision says a person is “guilty of an offence”
Confidence
0.92 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