UK Offence Report

Offences and penalties

regulation 9(1) of The Transport of Animals (Cleansing and Disinfection) (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 Any person who– a contravenes, or fails to comply with– i any of the provisions of these Regulations; or ii a notice or requirement contained in a notice served under these Regulations; or b fails without reasonable excuse to comply with any requirement imposed by an inspector in exercise of powers under regulation 7(1) or obstructs any such inspector in the exercise of any of those powers, 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 This is the text as originally made; later amendments are not shown here.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
obstructing an official exercising a power
Fault element
Strict liability
Burden of proof
An element of the offence, for the prosecution to prove

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.

“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: no word of intention, knowledge, recklessness or negligence in the offence or its provision; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

ined in a notice served under these Regulations; or b fails without reasonable excuse to comply with any requirement imposed by an inspector in exercise of powers under regulation 7(1) or obstructs any such inspector in the exercise of any of those powers, shall be guilty of an offence.

What would breach regulation 9(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 Transport of Animals (Cleansing and Disinfection) (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
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
20 December 2005
In force from
27 January 2006
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 revoke and replace, with changes, the Transport of Animals (Cleansing and Disinfection) (Scotland) Regulations 2000 (S.S.I. 2000/167). They implement paragraph 8 of Chapter I, and part implement paragraphs 30 of Chapter II, 32 of Chapter III, and 34 of Chapter IV, of the Annex to Council Directive 91/628/EEC on the protection of animals during transport (O.J. No. L 340, 11.12.91, p.17) which was previously implemented by the Transport of Animals (Cleansing and Disinfection) (Scotland) Regulations 2000. They also implement Article 12.1(a), second indent, of Council Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swine (that Directive was consolidated in the Annex to Council Directive 97/12/EC (O.J. No. L 109, 25.4.97, p.1). Regulation 2 applies to any hoofed animals (other than horses); racing pigeons; and any domestic fowl, turkeys, geese, ducks, guinea-fowl, quails, pigeons, pheasants, partridges and ratites that are kept in captivity for breeding, the production of meat or eggs for consumption, or for restocking supplies of game. It specifies that after the transport of such animals (except in the case of journeys on a single farming enterprise, journeys between the same two points, journeys to and from livestock shows, and temporary unloading as described Schedule 1), the means of transport must be cleansed and disinfected in accordance with Schedule 2. This must be done before the means of transport is used again to transport animals, and within 24 hours of the journey end (regulation 2(2) and (3)). In addition, the means of transport must be cleansed and disinfected before those animals are transported if the means of transport has become soiled so as to cause a risk of transmission of disease (regulation 2(4)). Any person transporting such animals is required to remove dead animals, parts of animals, soiled bedding and excreta from the means of transport as soon as practicable (regulation 2(5)). Subject to exemptions listed in regulation 3(2), for all other animals and birds (except horses), whilst the same conditions generally apply, there is no requirement to ensure cleansing and disinfecting in accordance with paragraph 2 of Schedule 2 (regulation 3). Schedule 1 sets out the circumstances in which regulation 3 is to apply to hoofed animals other than horses, racing pigeons and poultry in place of regulation 2. Regulation 4 makes provision in relation to the transport of horses, which can act as a physical carrier of disease (i.e. via mud, bedding, etc.). Regulation 5 sets out requirements for disposal of material removed from a means of transport in accordance with Schedule 2. Regulation 6 makes provision as to notices. Regulation 7 makes provision as to powers of inspectors (such as entry, examination, and enforcement etc.). Regulation 8 provides that the Regulations shall be enforced by the local authority, subject to the power of the Scottish Ministers to direct otherwise. Regulation 9 makes provision as to offences and penalties. Regulation 10 makes provision as to powers of inspectors in case of default. Regulation 11 and Schedule 3 make provision as to revocations and amendments. Schedule 2 sets out the methods of cleansing and disinfection of means of transport.

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