UK Offence Report

Offences and penalties

regulation 8(1) of The Zoonoses (Monitoring) (Scotland) Regulations 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

1 A person commits an offence if that person–

a administers any treatment to an animal with the intention of disguising any zoonosis or zoonotic agent;

b defaces, obliterates or removes any mark applied under regulation 5(c) without the authority of an inspector;

c removes or intentionally damages any equipment placed on premises by an inspector under regulation 5(e);

d fails to comply with regulation 6(1);

e intentionally obstructs any person acting in the execution of these Regulations;

f gives false or misleading information to any person acting in the execution of these Regulations;

g fails, without reasonable excuse, to comply with the requirement of

a person acting in the execution of these Regulations to–

i give any assistance or information; or

ii produce any record.

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 This is the text as originally made; later amendments are not shown here.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
obstructing an official exercising a power
Fault element
Requires proof of a state of mind
Burden of proof
An element of the offence, for the prosecution to prove

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (intentionally, with the intention of).

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: mens rea word in the offence-creating words: intentionally, with the intention of; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

rson acting in the execution of these Regulations; g fails, without reasonable excuse, to comply with the requirement of a person acting in the execution of these Regulations to– i give any assistance or information; or ii produce any record.

What would breach regulation 8(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. Refusing to let an inspector onto premises they are entitled to enter under the Zoonoses (Monitoring) (Scotland) Regulations 2007.
  2. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  3. Physically blocking an examination, or removing something an officer has said they intend to inspect.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£5,000
Standard scale
Level 5
Maximum prison (summary)
Not determined

in Scotland a reference to a level is construed as referring to the standard scale as it currently stands (CP(S)A 1995 s.225(2)), not as it stood when the instrument was made.

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
6 September 2007
In force from
1 October 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 make provision in Scotland for the administration and enforcement of Directive 2003/99/EC of the European Parliament and of the Council on the monitoring of zoonoses and zoonotic agents, amending Council Decision 90/424/EEC and repealing Council Directive 92/117/EEC. Regulation 4 provides inspectors with powers of entry for the purpose of monitoring for specified zoonoses (diseases which are transmissible between animals and humans), zoonotic agents and antimicrobial resistance to zoonotic agents. It also provides powers of entry to monitor for other zoonoses, zoonotic agents or any agent of an infection which may be transmissible between animals and humans, if the epidemiological situation so requires. Regulation 5 sets out what inspectors may do after entering premises, and includes the right to take samples, examine records and make inquiries of any person. Regulation 6 requires food business operators involved in primary production to preserve isolates that have been tested for a zoonosis and to keep the results of those tests and provide them to the Scottish Ministers on demand. Regulation 7 provides that Scottish Natural Heritage must be consulted in certain circumstances before the commencement of a programme for monitoring of zoonoses in wild animals. Regulation 8 creates offences and sets out the applicable penalty. Regulation 9 relates to offences by corporate bodies. Regulation 10 provides for enforcement by the local authority or by the Scottish Ministers where the Scottish Ministers so direct. A Regulatory Impact Assessment and Transposition Note 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.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

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 “commits 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