UK Offence Report

Contravention of The Poultry Breeding Flocks and Hatcheries (Scotland) Order 2007

the instrument as a whole of The Poultry Breeding Flocks and Hatcheries (Scotland) Order 2007

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

Contravening this instrument is an offence under section

73 of the Animal Health Act 1981. The instrument itself contains no offence-creating words.

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 This is the text as originally made; later amendments are not shown here.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
Not determined

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.

Classifier’s reasoning: contravention offences of this kind are strict as to the breach; the fault position is governed by the parent Act and was not read from it.

What would breach the instrument as a whole?

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 Poultry Breeding Flocks and Hatcheries (Scotland) Order 2007.

Penalty

Mode of trial
Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine
Not determined
Maximum prison (summary)
Not determined

The instrument does not state a penalty itself. It sets one by reference to section 73 of the Animal Health Act 1981.

the penalty is in the parent Act, not in this instrument.

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
Revoked
Revoked by
The Control of Salmonella in Poultry (Scotland) Order 2008 (revoked)
Revoked on
22 September 2008
Made
20 March 2007
In force from
21 March 2007
Extent
Not stated

How this was established: the instrument was revoked by a later instrument found in this corpus.

What the instrument is for

(This note is not part of the Order) — the explanatory note published with the instrument, © Crown copyright.

This Order revokes and re-enacts the Poultry Breeding Flocks and Hatcheries Order 1993 in so far as it relates to Scotland. It provides for the submission of information relating to hatcheries and breeding flocks to the Scottish Ministers. It implements the national control programme for domestic fowl of the species Gallus gallus– a required by Article 5 of Regulation (EC) No. 2160/2003 of the European Parliament and of the Council on the control of salmonella and other specified food-borne zoonotic agents; and b approved by the European Commission in accordance with Article 6 of that Regulation. It implements Commission Regulation (EC) No. 1003/2005 implementing Regulation (EC) No. 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in breeding flocks of Gallus gallus and amending Regulation (EC) No. 2160/2003. Articles 3 and 4 require the occupiers of hatcheries and of holdings with breeding flocks of at least 250 poultry to provide the Scottish Ministers with information about those premises. Articles 5 to 11 apply to occupiers of holdings with breeding flocks of at least 250 domestic fowl. Article 5 is an interpretation provision. Articles 6 and 7 require that occupiers provide information about the laying status of breeding flocks. Article 8 imposes obligations to take samples from breeding flocks. Article 9 regulates the despatch and labelling of samples. Articles 10 and 11 provide for the keeping of records relating to samples and movement of domestic fowl or eggs to and from holdings. Article 12 imposes obligations on laboratories regarding preparation of the samples, the detection method to be used and reporting of the results. Articles 13 and 14 prohibit the use of antimicrobials or live salmonella vaccine as methods of controlling salmonella other than in accordance with Articles 2 and 3 of Commission Regulation (EC) No. 1177/2006 implementing Regulation (EC) No. 2160/2003 of the European Parliament and of the Council as regards requirements for the use of specific control methods in the framework of the national programmes for the control of salmonella in poultry. Articles 15 and 16 relate to the keeping and production of records relating to poultry hatcheries. Articles 17 to 19 relate to powers of inspectors, tampering with samples, action to be taken on default and enforcement. Breach of the Order is an offence under section 73 of the Animal Health Act 1981 and is punishable in accordance with section 75 of that Act. 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. The national control programme is available from the Scottish Executive Environment and Rural Affairs Department at the above address or from the Scottish Executive website (www/scotland.gov.uk).

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 0.52.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.52 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