Young lamb and goat stamps

paragraph 11(4) of SCHEDULE 6 of The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2006

Status not determined
Strict liability
Food, consumer protection, trading standards, product safety and age-restricted sales

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

4 It is an offence for any person other than an inspector to apply the stamp or
a mark resembling the stamp, or to possess equipment for applying it.

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 This is the text as originally made; later amendments are not shown here.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 paragraph 11(4) of SCHEDULE 6?

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 Transmissible Spongiform Encephalopathies (Scotland) Regulations 2006.

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.

Sentencing organisations: fines and the means of a corporate defendant All courts in England and Wales
How a fine on a company is arrived at from its turnover. Relevant far beyond the guidelines that state it, because a very large share of the offences in this corpus can only be committed by an organisation.
Health and safety offences, corporate manslaughter and food safety and hygiene offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales · in force from 1 February 2016
Covers breaches of duty under the Health and Safety at Work etc. Act 1974 and the regulations made under it, and food safety and food hygiene offences. Sentencing turns on culpability and on the seriousness and likelihood of harm risked, not only on the harm that happened.
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: 1 November 2006
In force from: 24 November 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

These Regulations make provision in Scotland for the administration and enforcement of 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 as amended by and as read with the provisions in Schedule 1 (“the Community TSE Regulation”). They revoke the TSE (Scotland) Regulations 2002. Regulation 3 provides that the Scottish Ministers are the competent authority for the purposes of the Community TSE Regulation (except in Schedule 6, where the competent authority is the Food Standards Agency). Regulation 4 provides that the Regulations do not apply to animals in approved research premises. Regulation 5 introduces the Schedules. Regulations 6 and 7 deal with approval, authorisation, licensing and registration of premises and the duties of occupiers of such premises. Regulations 8 and 9 deal with suspension, amendment and revocation of approvals, etc. Regulation 10 describes the procedure for appeals. Regulation 11 describes the procedure for obtaining a valuation. Regulation 12 give powers to the Scottish Ministers and the local authority to appoint inspectors. Regulations 13 and 14 deal with powers of entry and powers of inspectors. Regulation 15 sets out the requirements for notices. Regulation 16 allows movement under licence when a movement restriction is in place. Regulation 17 deals with obstruction of an inspector. Regulation 18 sets out the penalties for offences. Regulation 19 deals with offences by bodies corporate. Regulation 20 identifies the enforcement authorities for the Regulations Regulations 21 to 23 provide for amendments to and revocation of other statutory instruments. Schedule 1 lists the EU instruments that amend the Community TSE Regulation No. 999/2001. Schedule 2 deals with monitoring for TSEs. Paragraph 1 provides for notification to the Scottish Ministers of fallen stock that must be tested for TSE. Paragraph 2 makes it an offence to consign an over age bovine animal to a slaughterhouse for human consumption or to slaughter such an animal for human consumption. Paragraph 3 provides for brain stem sampling of specified bovine animals (BSE testing). Paragraph 4 provides that slaughterhouses cannot be used for slaughtering bovine animals over 30 months old unless Scottish Ministers have approved a Required Method of Operation (“RMOP”). Paragraph 5 provides for retention and disposal of carcases and body parts. Paragraph 6 provides for compensation. Paragraphs 7 to 14 set out the operating systems for slaughtering and testing for BSE to be described in the RMOP. Schedule 3 deals with control and eradication of TSEs in bovine animals. Paragraph 1 provides that the Scottish Ministers shall be notified if an animal is suspected of having a TSE and paragraph 2 provides for restrictions on the movement of the animal. Paragraph 3 provides that a suspect animal shall be killed and restrictions placed on the movement of other animals on the holding. Paragraph 4 provides that the progeny and cohort of the suspect animal shall be placed under movement restrictions pending the results of the test on the suspect animal. Paragraph 5 provides that they shall be killed if BSE is confirmed. Paragraph 6 deals with animals that die while under movement restriction. Paragraph 7 provides that the progeny of an animal confirmed as having BSE shall not be placed on the market. Paragraphs 8 and 9 provide for compensation for animals killed under Schedule 3. Schedule 4 deals with control and eradication of TSE in sheep and goats. Paragraph 1 provides that the Scottish Ministers must be notified that an animal is suspected of having a TSE and paragraph 2 provides for restrictions on the movement of the animal. Paragraph 3 provides for restrictions on movement and the killing of a suspect animal. Paragraph 4 provides for restrictions on the movement of other animals and paragraph 5 provides for the lifting of restrictions if TSE is not confirmed. Paragraph 6 provides for identification of specified animals and for requirements of notice of the action to be taken when a TSE is confirmed. Paragraphs 7 provides for the implementation of eradication measures following confirmation of a TSE in goats and paragraph 8 provides for eradication measures following confirmation of BSE in sheep or goats. Paragraph 9 deals with time limits for appeals. Paragraph 10 provides for the killing of animals and destruction of products following confirmation of a TSE. Paragraphs 11 provides for the implementation of eradication measures on other holdings and paragraphs 12 and 13 deal with land with more than one flock. Paragraph 14 deals with information to be provided to subsequent occupiers of the land. Paragraphs 15 to 19 set out the procedures to be followed after eradication measures have been undertaken; paragraph 15 restricts the introduction of animals onto a holding, paragraph 16 regulates the use of ovine germinal products, paragraph 17 restricts the movement of animals from a holding, paragraph 18 provides for the length of time of restrictions and paragraph 19 provides for notification of animals that die while under restriction. Paragraph 20 provides that the progeny of any sheep or goat confirmed as having a TSE shall not be placed on the market. Paragraph 21 provides that the Scottish Ministers must be notified if it is intended to consign sheep aged over 18 months for slaughter. Paragraph 22 deals with derogations. Paragraphs 23 to 25 provide for compensation. Schedule 5 deals with feedingstuffs. Paragraphs 1 and 2 contain prohibitions on feeding specified feedingstuffs to specified animals and paragraph 3 provides for exceptions to the prohibitions. Paragraphs 4 and 5 provide for killing or restriction of animals suspected of having been fed specified materials, and paragraph 6 provides for compensation for animals killed. Paragraph 7 prohibits for the slaughter for human consumption of animals suspected of having been fed the specified materials. Paragraphs 8 and 9 regulate the production, labelling, transportation and use of fishmeal for feeding to non ruminant animals. Paragraphs 10 and 11 regulate the production, labelling, transportation and use of feedingstuffs containing dicalcium phosphate or tricalcium phosphate. Paragraphs 12 and 13 regulate the production, labelling, transportation and use of feedingstuffs containing blood products and blood meal. Paragraph 14 makes provision for changes in use of equipment. Paragraph 15 regulates the storage and transportation of specified bulk protein products and feedingstuffs containing them. Paragraph 16 regulates the manufacture, storage, transportation or packing of feedingstuff and petfood containing specified material. Paragraph 17 controls exports of processed animal protein. Paragraph 18 regulates the sale, supply and use of fertilisers derived from animal protein. Paragraph 19 deals with petfood with animal proteins not intended for use as petfood. Paragraph 20 provides for labelling of feedingstuff from premises producing processed animal protein. Paragraphs 21 and 22 deal with registration of home compounders and transporters and their duties. Paragraphs 23 and 24 deal with suspension, amendment and revocation of registration. Schedule 6 deals with the removal and treatment of specified risk material, mechanically recovered meat and slaughtering techniques. Paragraph 1 appoints the Food Standards Agency as the competent authority for this Schedule. Paragraph 2 imposes certain duties on local authorities in relation to butcher shops. Paragraph 3 makes provision for training of slaughterhouse, cutting plant and butcher shop staff. Paragraph 4 deals with mechanically recovered meat, paragraph 5 with pithing, paragraph 6 with tongue harvesting and paragraph 7 with head meat harvesting. Paragraph 8 controls the removal of specified risk material, and paragraphs 9 and 10 deal with bovine animals and sheep and goats at a slaughterhouse. Paragraph 11 deals with young lamb and goat stamps. Paragraph 12 deals with the removal of spinal cord from sheep and goats. Paragraph 13 provides for the authorisation of cutting plants, and paragraph 15 controls the removal of specified risk material at a cutting plant. Paragraph 16 provides for removal of vertebral column that is specified risk material at cutting plants not authorised under paragraph 13. Paragraph 14 provides for the authorisation and registration of butcher shops, and paragraph 17 controls the removal of specified risk material at such shops. Paragraph 18 deals with meat from other member States. Paragraphs 19 and 20 require the staining of specified risk material, and paragraph 21 provides for the security of specified risk material. Paragraph 22 prohibits the supply of specified risk material for human consumption. Paragraph 1 prohibits the dispatch of certain live animals, meat and certain specified risk material to other member States and to third countries. Paragraph 2 prohibits the dispatch of bovine heads and meat containing specified risk material to third countries. Schedule 8 makes miscellaneous amendments to other statutory instruments, Schedule 9 makes consequential amendments to other statutory instruments and Schedule 10 contains revocations. A regulatory impact assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Scottish Executive Environment and Rural Affairs Department, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TY and from the Food Standards Agency, 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.

Read the full note and every offence in this instrument

Other offences in the same instrument

Restrictions on dispatch to other member States and to third countriesparagraph 1 of SCHEDULE 7
For the purposes of monitoring under Article 6 of the Community TSE Regulation, a person who has possession…paragraph 1(1) of SCHEDULE 2
Prohibition on feeding animal protein to ruminantsparagraph 1(1) of SCHEDULE 5
Prohibition on feeding animal protein to ruminantsparagraph 1(2) of SCHEDULE 5
Notificationparagraph 1(4) of SCHEDULE 3
Killing and destruction following confirmationparagraph 10(3) of SCHEDULE 4
Failure to comply with paragraph 10 is an offenceparagraph 11(1) of SCHEDULE 5
It is an offence for a home compounder registered under paragraph 10(1)(b) to– a keep ruminant animals; b…paragraph 11(2) of SCHEDULE 5
It is an offence for any person producing feedingstuffs in accordance with point C(a)(ii) of Part II of…paragraph 11(3) of SCHEDULE 5
Removal of spinal cord from sheep and goatsparagraph 12 of SCHEDULE 6
Failure to comply with paragraph 12 is an offenceparagraph 13(1) of SCHEDULE 5
It is an offence for any person collecting blood in accordance with the second paragraph of point D(a) of…paragraph 13(2) of SCHEDULE 5

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

This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2006 Every offence this instrument creates, and its explanatory note
Food, consumer protection, trading standards, product safety and age-restricted salesOther offences on the same subject
Offences created in 2006