UK Offence Report

Amendment of the Registration of Establishments Keeping Laying Hens (Scotland) Regulations 2003

regulation 2(5) of The Registration of Establishments Keeping Laying Hens (Scotland) Amendment Regulations 2004

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

5 In regulation 7 (removal from register)–

a in paragraph (2), for “If the person who submitted the application for registration fails to notify changes of information in terms of regulation 5(2)” substitute– If

a person is required by regulation 5(2) to notify

a change of information and fails to do so, ;

b insert at the end–

3 It shall be an offence for

a person to use an establishment for the keeping of laying hens following removal of that establishment from the register of establishments unless subsequent to that removal the establishment has been registered in accordance with these Regulations and

a distinguishing number has been allocated to that establishment. .

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 This is the text as originally made; later amendments are not shown here.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
failing to notify or register
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 2(5)?

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. Not telling the authority about an event the instrument makes notifiable under the Registration of Establishments Keeping Laying Hens (Scotland) Amendment Regulations 2004, or telling them after the period allowed has run out.
  2. Assuming a notification made for another purpose, or by somebody else, satisfies this requirement.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£5,000
Standard scale
Level 5
Maximum prison (summary)
Not determined

in Scotland a reference to a level is construed as referring to the standard scale as it currently stands (CP(S)A 1995 s.225(2)), not as it stood when the instrument was made.

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
29 January 2004
In force from
1 March 2004
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 amend the Registration of Establishments Keeping Laying Hens (Scotland) Regulations 2003 (“the principal Regulations”). The amendments come into force on 1st March 2004. The amendments are as follows:– a a definition of “local authority” is added to the list of definitions in regulation 2(1) of the principal Regulations (regulation 2(2)); b regulation 4 of the principal Regulations is amended to make it clear that where the Scottish Ministers have issued a distinguishing number to an establishment prior to the commencement of the principal Regulations (31 December 2003), that establishment does not require to re-apply for a distinguishing number under the principal Regulations (regulation 2(3)(b)). Regulation 4(2) has be replaced to incorporate minor amendments to clarify the conditions upon which a distinguishing number will be allocated to an establishment (regulation 2(3)(a)); c regulation 5 of the principal Regulations is amended to ensure that where the person who would otherwise be obliged to notify a change of information under regulation 5(2) is no longer connected to the establishment, the requirement to notify that change will fall to the new owner or keeper (regulation 2(4)). A consequential amendment is made to regulation 7(2) to make it clear that an offence is committed, following failure to notify a change of information, by whoever the duty to notify the changes falls upon under regulation 5(2) of the principal Regulations (regulation 2(5)(a)); d a new offence of continuing to operate an establishment following removal from the register is added to regulation 7 of the principal Regulations (regulation 2(5)(b)); e regulation 8(2) of the principal Regulations is amended to clarify that it is the establishment which has been allocated a distinguishing number and not the person applying for it (regulation 2(6)); f the penalties for committing an offence under the principal Regulations are amended. Offences are to be triable only by way of summary conviction. An offence under regulation 11 of the principal Regulations is to be subject to a maximum fine not exceeding level 3 of the standard scale (regulation 2(7)).

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 0.90.

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