UK Offence Report

Amendment to the Animals and Animal Products (Import and Export) (Scotland) Regulations 2000

regulation 2(5) of The Animals and Animal Products (Import and Export) (Scotland) Amendment ( No. 2) Regulations 2005 (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

5 For regulation 33(1) (penalties) substitute–

1 A person contravening any provision of these Regulations, except paragraph

6 of Part I of Schedule 3A and paragraph

2 of Part I of Schedule 3B, or any notice served under any such provision 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 This is the text as originally made; later amendments are not shown here.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
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 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. Doing what the provision prohibits, or failing to do what it requires under the Animals and Animal Products (Import and Export) (Scotland) Amendment ( No. 2) Regulations 2005.

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.

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
6 October 2005
In force from
14 November 2005
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 Animals and Animal Products (Import and Export) (Scotland) Regulations 2000 (“the principal Regulations”). The amendments provide a statutory basis for the Poultry Health Scheme, which is implemented by the Scottish Ministers in order to ensure compliance with the rules set out in Annex II to Council Directive 90/539/EEC (on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs) (O.J. No. L 303, 31.10.90, p. 6) (“the Directive”) (regulation 2(3) and (7) and the Schedule). Hatching eggs, day-old chicks and poultry to which Article 6 of the Directive applies may only be exported to another Member State if they come from an establishment that is a member of the Poultry Health Scheme. Applications for establishments to join the Scheme must be accompanied by a registration fee and members of the Scheme must pay an annual membership fee. Provision is also made for establishments which have a distinguishing number allocated to them for purposes of Article 6.1(a) of the Directive on 29th October 2005 to be treated as members of the Poultry Health Scheme (regulation 2(3)). These Regulations also make arrangements for the approval of laboratories to undertake Mycoplasma testing under the Poultry Health Scheme, including the details of the annual approval fee (regulation 2(4) and (7) and the Schedule). A definition of the Directive has been inserted into the principal Regulations (regulation 2(2)). Paragraph 6 of Part I of Schedule 3 and paragraph 8 of Part II of Schedule 5 to the principal Regulations have been updated to implement Community Instruments relevant to the Directive which have come into force since the principal Regulations were made (regulation 2(6) and (8)). A Regulatory Impact Assessment has not been prepared for these Regulations.

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