UK Offence Report

Offences and penalties

regulation 97(1) of The TSE (Scotland) Regulations 2002 (revoked)

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

1 If a person contravenes or fails to comply with any provision of these Regulations or a direction of the Scottish Ministers or the Agency under regulation 72 above, that person shall be guilty of an offence and shall be liable– a on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both; or b on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

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 This is the text as originally made; later amendments are not shown here.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 97(1)?

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 TSE (Scotland) Regulations 2002, 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
Either way — magistrates’ court or Crown Court
Maximum fine
£5,000
Maximum prison (summary)
3 months
Maximum prison (on indictment)
2 years

expressed as the statutory maximum (the prescribed sum): the same words mean £5,000 in England and Wales and £10,000 in Scotland.

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
27 May 2002
In force from
19 June 2002
Extent
S

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 make provision in Scotland, otherwise than in relation to trade, for– a the administration and enforcement of the following directly applicable Community legislation (“the Community TSE Regulation and Community Transitional Measures”)– Regulation (EC) No. 999/2001 of the European Parliament and of the Council of 22nd May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (O.J. No. L 147, 31.5.2001, p.1) (“the TSE Regulation”); Commission Regulation (EC) No. 1248/2001 of 22nd June 2001 amending Annexes III, X and XI to Regulation (EC) No. 999/2001 of the European Parliament and of the Council as regards epidemio-surveillance and testing of transmissible spongiform encephalopathies (O.J. No. L 173, 27.6.2001, p.12); Commission Regulation (EC) No. 1326/2001 of 29th June 2001 laying down transitional measures to permit the changeover to the Regulation of the European Parliament and of the Council (EC) No. 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, and amending Annexes VII and XI to that Regulation (O.J. No. L 177, 30.6.2001, p.61); and Commission Regulation (EC) No. 270/2001 of 14th February 2002 amending Annex XI to Regulation (EC) No. 999/2001 of the European Parliament and of the Council as regards bovine vertebral column and amending Regulation (EC) No. 1326/2001 as regards animal feeding and the placing on the market of ovine and caprine animals and products thereof (O.J. No. L 45, 15.12.2002 2002, p.4); and b continuing the implementation of Council Decision 2000/766/EC (O.J. No. L 306, 7.12.2000, p.32) concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein, and Commission Decision 2001/9/EC (O.J. No. L 2, 5.1.2001, p.32) concerning control measures required for the implementation of Council Decision 2000/766/EC, in accordance with Article 1(2) of Commission Regulation (EC) No. 1326/2001. The Regulations come into force on 19th June 2002. Part I of these Regulations contain introductory provisions. These include the interpretation provisions of regulation 3. Regulation 3(2) provides that the expressions in the Regulations which appear in the Community TSE Regulation and Community Transitional Measures have the same meaning for the purposes of these Regulations as they have for the purposes of the Community TSE Regulation and Community Transitional Measures. “TSE” is defined as meaning all transmissible spongiform encephalopathies with the exception of those occurring in humans. Regulation 2(1) reflects Article 1 of the Community TSE Regulation to make provision for the purpose and application of the Regulations. Part II of these Regulations makes provision for the administration and enforcement of the Community TSE Regulation and Community Transitional Measures in relation to the prevention of TSE. These are provisions for TSE monitoring, movement prohibitions and restrictions of TSE susceptible animals; slaughter of TSE susceptible animals at slaughterhouses and at other premises; retention and seizure of carcases etc. of TSE susceptible animals; provision for compensation; and provision for notifications for the purposes of the programme of monitoring under Article 6 of the Community TSE Regulation. Part III of these Regulations makes provision in relation to animal feeding. It continues the implementation of Council Decision 2000/766/EC (O.J. No. L 306, 7.12.2000, p.32) concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein, and Commission Decision 2001/9/EC (O.J. No. L 2, 5.1.2001, p.32) concerning control measures required for the implementation of Council Decision 2000/766/EC, in accordance with Article 1(2) of Commission Regulation (EC) No. 1326/2001. Article 1(2) of Commission Regulation (EC) No. 1326/2001, and section C of Annex XI to the Community TSE Regulation (added by Article 3(3) of, and Annex IV to, Commission Regulation (EC) No. 1326/2001 and as defined in the Regulations) provide that this Council Decision and Commission Decision remain in force. The implementation of these Decisions was previously provided by the Processed Animal Protein (Scotland) Regulations 2001 (S.S.I. 2001/276 as amended by S.S.I. 2001/383), revoked in part by these Regulations. Part III also includes provision for the administration and enforcement of the Community TSE Regulation and Community Transitional Measures in relation to feeding ruminants with mammalian protein, livestock with mammalian meat and bone meal and farmed animals (including ruminants and livestock) with processed animal protein. Part IV of these Regulations makes provision for the administration and enforcement of the Community TSE Regulation and Community Transitional Measures in relation to specified risk material. These are provisions on the removal, collection or disposal of specified risk material; provisions for licensing of premises for the removal of certain types of specified risk material and for collection or disposal of specified risk material; prohibitions on the use of specified risk material for human consumption; provisions relating to mechanically recovered meat and laceration of central nervous tissue (often known as pithing); provisions for the separation of live animals and products of animal origin in premises which use specified risk material in production and live animals in or intended for research; prohibitions on feeding specified risk material to animals; provisions relating to transport and storage of specified risk material; requirements to make and keep records; requirements for cleansing and disinfection; powers of inspectors; provisions relating to compliance with notices, suspension and revocation of licences; appeals against suspension and revocation of licences; and offences. Part V of these Regulations makes provision for the administration and enforcement of the Community TSE Regulation and Community Transitional Measures in relation to control and eradication of TSE. These are provisions for notifications of animals suspected of being affected by a TSE; measures with respect to animals suspected of being affected by a TSE; movement prohibitions and restrictions of animals suspected of being affected by a TSE; slaughter of animals suspected of being affected by a TSE; retention and seizure of carcases etc. of TSE susceptible animals; and provisions for compensation. Part VI of these Regulations makes provision in relation to placing on the market of first generation progeny of, and semen, embryos and ova derived from, TSE suspect or confirmed animals. It begins with provisions for the administration and enforcement of Article 15(2) of, and chapter B of Annex VIII to, the Community TSE Regulation in relation to placing on the market of first generation progeny of, and semen, embryos and ova derived from, TSE suspect or confirmed bovine animals, sheep and goats. These are provisions, similar to those in Part V of these Regulations, in relation to the last-born progeny to which female bovine animals infected with a TSE, or BSE-confirmed sheep or goats, gave birth during the preceding two year period or during the period that followed the appearance of the first clinical signs of the onset of the disease. Part VI then makes provision for the continued implementation of Council Decision 98/256/EC (O.J. No. L 113, 15.4.98, p.32), concerning emergency measures to protect against bovine spongiform encephalopathy, amending Decision 94/474/EC and repealing Decision 96/239/EC, in relation to offspring of bovine animals. An offspring for this purpose is any bovine animal born to a dam which is affected or suspected of being affected with BSE when it gave birth to the animal or which subsequently becomes affected or suspected of being affected with BSE. Council Decision 98/256/EC remains in force as a transitional measure by virtue of Article 1(1) of Commission Regulation (EC) No. 1326/2001 and section D of Annex XI to the Community TSE Regulation. The implementation of Council Decision 98/256/EC in relation to offspring animals was previously provided by the BSE Offspring Slaughter Regulations 1998 (S.I. 1998/3070) revoked by these Regulations. Part VII of these Regulations makes provision for the administration and enforcement of the Community TSE Regulation and Community Transitional Measures in relation to sampling and laboratory methods. Part VIII of these Regulations makes provision for the administration and enforcement of the Community TSE Regulation and Community Transitional Measures in relation to offences, penalties and enforcement. Part IX of and Schedules 8 and 9 to these Regulations contain supplementary provisions for the service of notices and other documents, amendments and revocations. A Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. A copy of it can be obtained from the Scottish Executive Environment and Rural Affairs Department, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TY.

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 0.92.

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