UK Offence Report

1 Any person who contravenes or fails to comply with– a any provision of regulations 6 to 23, 24(1), 26, 27,…

regulation 34(1) of The Sheep and Goats (Identification and Traceability) (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 Any person who contravenes or fails to comply with–

a any provision of regulations

6 to 23, 24(1), 26, 27,

30 or 33; or

b any notice issued under regulation 32(1), 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 This is the text as originally made; later amendments are not shown here.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
contravening a requirement of the instrument
Fault element
Mixed — some elements strict, some not
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove the conduct, and - for those elements the provision qualifies (intentionally) - the state of mind it names. The remaining elements carry no fault requirement, so they are strict.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: the offence itself carries no fault word, but a duty it criminalises by cross-reference uses intentionally; which element that governs was not determined.

What would breach regulation 34(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 contravenes or fails to comply with– a any provision of regulations 6 to 23, 24(1), 26, 27, 30 or 33; or b any notice issued under regulation 32(1).
  2. Doing the thing the provision prohibits under the Sheep and Goats (Identification and Traceability) (Scotland) Regulations 2006, whatever the reason for doing it.
  3. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

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
23 February 2006
In force from
20 March 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 make provision for the administration and enforcement of Council Regulation (EC) No. 21/2004 (establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No. 1782/2003 and Directives 92/102/EEC and 64/432/EEC) (“the Council Regulation”). They also make provision under Section A.5 of the Annex to the Council Regulation for the administration and enforcement of the national system of identification and tracing which has been approved by the European Commission as a replacement for the system for a second means of identification required under the Council Regulation (“the national system”). Regulation 6 provides for the application of a first means of identification to an animal born after 9th July 2005, in accordance with the Council Regulation (baseline UK eartags). Regulation 7 provides for the application of identification to an animal born on or before 9th July 2005, in accordance with the national system (baseline UK eartags or baseline S eartags). Regulation 8 provides for the application of a first means of identification to an animal imported from a third country, in accordance with the Council Regulation (baseline F eartags). Regulation 9 provides for the application of a second means of identification to an animal involved in intra Community trade, in accordance with the Council Regulation and the national system (baseline UK eartags or X eartags). Regulation 10 provides for the application of identification to an animal when it is moved from a holding, in accordance with the national system (movement eartags). Regulation 12 provides that identification shall not be removed or replaced otherwise than in accordance with the Council Regulation and these Regulations. Regulations 13 and 14 provide for the application of replacement identification in accordance with the Council Regulation and the national system. Regulation 15 prohibits the consignation for intra Community trade of an animal which bears replacement identification with an identification code which does not show its holding of birth, in accordance with the national system. Regulation 16 provides that movement eartags need only be replaced where the original identification code is known in accordance with the national system. Regulations 17 to 20 provide for the keeping of holding registers, the completion of movement documents, the taking of an annual inventory of animals and for the provision of information to the Scottish Ministers, in accordance with the Council Regulation and the national system Regulation 21 contains requirements for traceability systems in markets. Regulation 22 provides that the obligation to replace identification on an animal in a market is on the keeper of the holding to which the animal is moved and not the operator of the market, in accordance with the national system. Regulation 23 provides for the use of electronic movement documents in markets. Regulations 24 and 25 provide for the approval of eartags by the Scottish Ministers and allow for eartags to bear supplementary information, in accordance with the Council Regulation. Regulation 26 provides that no red eartags may be applied to animals, other than R eartags, in accordance with the national system. Regulation 27 provides that no means of identification bearing a flockmark or herdmark shall be applied other than for the purpose of the Council Regulation or these Regulations or unless authorised by the Scottish Ministers, in accordance with the Council Regulation and the national system. Regulation 28 provides that any provision requiring the application of identification before an animal is moved shall not apply if the movement is for the purpose of emergency veterinary treatment. Regulation 29 provides that any provision requiring the application of identification shall not apply where it would cause unnecessary pain or suffering to an animal. Regulation 32 provides that an inspector may restrict or prohibit the movement of animals where this is necessary for enforcement purposes. Regulation 34 provides that it is an offence to fail to comply with certain provisions of these Regulations and regulation 35 contains the penalties for failure to comply. Regulation 36 provides for the enforcement of these Regulations. Regulation 37 and Schedule 3 revoke the regulations and orders replaced by these Regulations. A full Regulatory Impact Assessment has not been produced for this instrument because it has no impact on the costs of business.

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