UK Offence Report

1 It shall be an offence for a person– a to contravene, or to fail to comply with, any specified Community…

regulation 7(1) of The Genetically Modified Organisms (Transboundary Movements) (Scotland) Regulations 2005

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 It shall be an offence for a person– a to contravene, or to fail to comply with, any specified Community provision; b to obstruct an inspector in the exercise of a power conferred by regulation 5 and Schedule 2; c without reasonable excuse to fail to comply with any requirement imposed under regulation 5 and Schedule 2, or regulation 6; d knowingly or recklessly to make a statement or furnish any information that is false or misleading in a material particular where the statement is made or the information is furnished in purported compliance with– i any requirement imposed by the specified Community provisions; or ii a requirement an inspector made for a purpose in connection with the execution or enforcement of these Regulations or the Council Regulation; or e intentionally to make a false entry in any record required to be kept under the Council Regulation.

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 This is the text as originally made; later amendments are not shown here.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

cise of a power conferred by regulation 5 and Schedule 2; c without reasonable excuse to fail to comply with any requirement imposed under regulation 5 and Schedule 2, or regulation 6; d knowingly or recklessly to make a statement or furnish any information that is false or misleading in a material particular where the statement is made or the

What would breach regulation 7(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. Refusing to let an inspector onto premises they are entitled to enter under the Genetically Modified Organisms (Transboundary Movements) (Scotland) Regulations 2005.
  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
7 June 2005
In force from
30 June 2005
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, for the execution and enforcement of Regulation (EC) No. 1946/2003 of the European Parliament and of the Council of 15th July 2003 on the transboundary movements of genetically modified organisms (O.J. No. L 287, 5.11.2003, p.1) (“the Council Regulation”). The Council Regulation implements at Community level the procedures laid down in the Cartagena Protocol on Biosafety to the Convention on Biological Diversity (“the Protocol”), which was signed by the Community and its Member States in 2000. In accordance with the Protocol, Community exporters are required to ensure that all requirements of the Advance Informed Agreement Procedure, as set out in the Protocol, are fulfilled. Regulation 3 designates the Scottish Ministers as “competent authority” for the purpose of the Council Regulation. Article 3(19) of the Council Regulation provides that the competent authority is responsible for performing the administrative functions required by the Protocol. Regulations 4 makes provision for the appointment of inspectors. Regulation 5 and Schedule 2 set out the powers of the inspectors, including powers of entry, the power to carry out tests and inspections, to take samples, and to require the provision of information. Regulation 6 makes provision for the Scottish Ministers and local authorities to obtain information. Regulation 7 makes it an offence to contravene Community provisions specified in Schedule 1; to obstruct inspectors and fail to comply with any requirements they impose in the exercise of powers under these Regulations; and to give false information. Regulation 8 makes provision for offences by third parties. Regulation 9 provides for offences committed by corporate bodies. Regulations 10 and 11 respectively specify time limits for bringing prosecutions, and prescribe penalties. Regulation 12 makes provision about notices under these Regulations. A Regulatory Impact Assessment (“RIA”) has been prepared in relation to these Regulations and a copy has been placed in the Scottish Parliament Information Centre. Copies of the RIA can be obtained from the Scottish Executive Environment and Rural Affairs Department, GM Team, Victoria Quay, Edinburgh EH6 6QQ.

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