UK Offence Report

Contravention of The Disease Control (Interim Measures) (Scotland) Amendment (No. 2) Order 2007

the instrument as a whole of The Disease Control (Interim Measures) (Scotland) Amendment (No. 2) Order 2007

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

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 This is the text as originally made; later amendments are not shown here.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 Disease Control (Interim Measures) (Scotland) Amendment (No. 2) 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
Status not determined
Made
30 August 2007
In force from
Not determined
Extent
Not stated

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 Order) — the explanatory note published with the instrument, © Crown copyright.

This Order amends the Disease Control (Interim Measures) (Scotland) Order 2002 (“the 2002 Order”). The 2002 Order imposes movement controls on cattle, sheep, goats, all other ruminating animals (other than camelids) and swine. The main control in the 2002 Order is a bar on moving an animal away from premises unless no other animal has been moved onto those premises in a specified period (the standstill period) before the movement away. The 2002 Order also regulates the holding of exhibitions, markets and shows. This Order provides that movements from premises in the Islands (as defined in article 2(2)) will be subject to a standstill period of 13 days, and movements from premises in other areas of Scotland will be subject to a standstill period of 20 days. This Order returns (with one exception) the movement controls and regulation of markets and other gatherings in the Islands to the position applying before 24 August 2007, when the Disease Control (Interim Measures) (Scotland) Amendment Order 2007 (S.S.I. 2007/387) (“the 2007 Order”) came into force. That exception is that notification of a show or exhibition in the Islands must be given to the Divisional Veterinary Manager at least 24 hours in advance, as required by the amendment made to article 7 of the 2002 Order by article 2(7)(a) of the 2007 Order. The movement controls in the 2002 Order applying in the area of Scotland other than the Islands is amended by this Order, so that an animal moved because it comes from premises to which a breeding bull, ram, or goat is moved, is exempted from the standstill period only if the breeding animal is used for that purpose within 28 days after being moved onto the premises (Schedule 2, paragraphs 6 and 17). A regulatory impact assessment has not been prepared for this Order.

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 0.55.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.55 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