Subsequent occupiers

paragraph 8 of SCHEDULE of The TSE (Scotland) Amendment Regulations 2004 (revoked)

Status not determined
Strict liability
Dogs, animals, hunting and wildlife

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

8 If an occupier of
a holding served with
a notice under this Part transfers
a holding affected by such
a notice to another occupier, failure by the original occupier to ensure that the subsequent owner is made aware of the existence and contents of any such notice shall be 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 This is the text as originally made; later amendments are not shown here.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: an another occupier
Conduct: breaching the provision
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 an another occupier 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 paragraph 8 of SCHEDULE?

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.

Doing what the provision prohibits, or failing to do what it requires under the TSE (Scotland) Amendment Regulations 2004.

Penalty

Mode of trial: Not determined
Maximum fine: Not determined
Maximum prison (summary): Not determined

no penalty is stated here: this instrument amends another one, and the penalty for the offence is in the instrument being amended.

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.

Animal cruelty: definitive guideline Magistrates' courts in England and Wales · in force from 1 July 2017
Covers cruelty to and neglect of animals, and the associated disqualification and deprivation orders.
Reduction in sentence for a guilty plea: definitive guideline All courts in England and Wales · in force from 1 June 2017
The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.
General guideline: overarching principles All courts in England and Wales · in force from 1 October 2019
The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.
Totality: definitive guideline All courts in England and Wales
How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.

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: 9 June 2004
In force from: 20 July 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

These Regulations amend the TSE (Scotland) Regulations 2002 (S.S.I. 2002/255) (“the principal Regulations”). They make provision for the enforcement in Scotland of Annex VII (other than paragraphs 1(a) and 2(a)) to Regulation (EC) No. 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ No. L 147, 31.5.2001, p. 1) (“the Community TSE Regulation”). Annex VII was replaced by Commission Regulation (EC) No. 1915/2003 of the European Parliament and of the Council as regards the trade and import of ovine and caprine animals and the measures following the confirmation of transmissible spongiform encephalopathies in bovine, ovine and caprine animals (OJ No. L 283, 31.10.2003, p. 29). These Regulations add a new Schedule 6A to the principal Regulations. That Schedule provides that the Scottish Ministers are the competent authority for the purposes of Annex VII to the Community TSE Regulation (paragraph 1 of the Schedule). They make provision for notifications to be given and procedures to be followed on confirmation of transmissible spongiform encephalopathies in sheep and goats (paragraphs 2 to 7). These include an offence of failure to transmit a notice served on a holding to a new occupier of the holding (paragraph 8). Part II of the Schedule regulates the movement of sheep and goats following notification under Part I (paragraphs 9 to 13) and provides for potential derogations specified in Annex VII to the Community TSE Regulation (paragraph 14). Part III provides a procedure for review of notices served under the Schedule. Part IV specifies compensation for animals, embryos and ova destroyed in accordance with the Schedule. A Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies 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

Other offences in the same instrument

Introduction of animals on to a holdingparagraph 10 of SCHEDULE
Use of ovine germinal productsparagraph 11 of SCHEDULE
Movement of animals from a holdingparagraph 12 of SCHEDULE

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 0.88.

Basis: the provision says the conduct “is an offence”; the provision says an offence is committed “if” something happens
Confidence: 0.88 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

This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
The TSE (Scotland) Amendment Regulations 2004 (revoked) Every offence this instrument creates, and its explanatory note
Dogs, animals, hunting and wildlifeOther offences on the same subject
Offences created in 2004