UK Offence Report

Transport

regulation 3(1) of The Welfare of Animals (Transport) (Scotland) Regulations 2006

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 A person who fails to comply with the following provisions of Council Regulation (EC) No. 1/2005 is guilty of an offence under the Act– a Article 3 (general conditions for the transport of animals); b Article 4(1) (Article 4 relates to transport documentation); c Article 5(1) (Article 5 relates to planning obligations for the transport of animals); d Article 6(1) (transporters); e from 5 January 2008, Article 6(5); f Article 7 (prior inspection and approval of means of transport); g Points 1.8, 1.9 and 1.11 of Chapter III of Annex I to that 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 This is the text as originally made; later amendments are not shown here.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
failing to do something the instrument requires
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 3(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. On these words an offence is committed where a person fails to comply with the following provisions of Council Regulation (EC) No. 1/2005.
  2. Not doing what the provision requires under the Welfare of Animals (Transport) (Scotland) Regulations 2006, by the time it requires it to be done.
  3. Doing it, but not in the manner or to the standard the instrument specifies.

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
15 December 2006
In force from
25 January 2007
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, which apply in Scotland only, revoke the Welfare of Animals (Transport) Order 1997, which implemented Council Directive 91/628/EEC on the protection of animals during transport (O.J. No. L 340, 11.12.91, p.17), and make provision for the administration and enforcement of Council Regulation (EC) No. 1/2005 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No. 1255/97 (O.J. No. L 3, 5.1.2005, p.1.). They also makes provision in Scotland for the administration and enforcement of Council Regulation 1255/97 concerning Community criteria for staging points and amending the route plan referred to in the Annex to Directive 91/628/EEC) (O.J. No. L 174, 2.7.97, p.1.). Part 2 of the Regulations enforce the requirements of Council Regulation (EC) No. 1/2005 in relation to transport (regulation 3), transporters (regulation 4), roll-on-roll-off vessels (regulation 5) organisers (regulation 6), keepers (regulation 7) and assembly centres (regulation 8). It also enforces the requirements of Council Regulation (EC) No. 1255/97 in relation to control posts (regulation 9). Regulation 10(1) makes it an offence to operate a control post without prior approval. Part 3 provides derogations relating to means of transport by road used in respect of journeys not exceeding 12 hours in order to reach the final destination (regulations 11 to 18). Part 4 provides for the amendment, suspension or revocation of approvals, authorisations or certificates and for representations against a notice to amend, suspend or revoke them (regulations 19 to 22). Inspectors are given powers to require compliance with the Regulations, including the power to stop a journey (regulations 23 and 24). Owners or charterers of vessels used to transport animals are required to produce information on demand to an officer of the Scottish Ministers, which may include a plan of the vessel (regulation 25). The Regulations are enforced by the Local Authority (regulation 28). Breach of the Regulations is an offence under the Animal Health Act 1981, punishable in accordance with regulation 28. A regulatory impact assessment has been prepared in respect of these Regulations and has been placed in the Scottish Parliament Information Centre. Copies can be obtained from The Scottish Executive Environment and Rural Affairs Department, Pentland House, Robb’s Loan, Edinburgh, EH14 1TY.

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 0.92.

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