UK Offence Report

Compliance with Community provisions

regulation 7 of The Eggs and Chicks (Scotland) Regulations 2008 (revoked)

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

7 Any person who contravenes, or fails to comply with, any provision mentioned in Schedule

2 commits 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 This is the text as originally made; later amendments are not shown here.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
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 7?

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, any provision mentioned in Schedule 2.
  2. Doing the thing the provision prohibits under the Eggs and Chicks (Scotland) Regulations 2008, 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
19 March 2008
In force from
27 April 2008
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 only extend to Scotland, revoke and replace, with modifications, the Eggs (Marketing Standards) (Enforcement) (Scotland) Regulations 2005 (“the 2005 Regulations”). The 2005 Regulations made provision for the enforcement of certain provisions of Regulation (EEC) No. 2782/75 of the Council on the production and marketing of eggs for hatching and of farmyard poultry chicks and Commission Regulation (EEC) No 1868/77 laying down detailed rules of application for Regulation (EEC) No. 2782/75. The 2005 Regulations also made provision for the enforcement of certain provisions of Council Regulation (EEC) No. 1907/90 (O.J. No. L 173, 6.7.1990, p.5) on certain marketing standards for eggs and Commission Regulation (EC) No. 2295/2003 introducing detailed rules for implementing Council Regulation (EEC) No. 1907/90 (O.J. No. L 340, 24.12.2003, p.16). Council Regulation (EEC) No. 1907/90 and Commission Regulation (EC) No. 2295/2003 have been revoked and replaced by Council Regulation (EC) No. 1028/2006 and Commission Regulation (EC) No. 557/2007. These Regulations therefore make provision for the enforcement or continued enforcement of certain provisions of Council Regulation (EEC) No. 2782/75, Commission Regulation (EEC) No. 1868/77 as from time to time amended, Council Regulation (EC) No. 1028/2006 as from time to time amended, and Commission Regulation (EC) No. 557/2007 as from time to time amended. These Regulations include provisions– a making the failure to comply with the provisions of Council Regulation (EEC) No. 2782/75 and Commission Regulation (EEC) No. 1868/77 mentioned in Schedule 1 an offence (regulation 4); b relating to the registration of pedigree breeding establishments, breeding establishments and hatcheries (regulation 5); c derogating from Article 2(1) of Commission Regulation (EEC) No. 1868/77 by allowing eggs for hatching to be marked in a different manner from that specified in that provision (regulation 6); d making the failure to comply with the provisions of Council Regulation (EC) No. 1028/2006 and Commission Regulation (EC) No. 557/2007 mentioned in Schedule 2 an offence (regulation 7); e relating to the authorisation of packing centres to grade eggs (regulation 8); f derogating from the provisions of Council Regulation (EC) No. 1028/2006, as regards the marking of eggs for consumption (regulation 9); g varying the minimum requirements for the marketing of eggs as free range eggs by authorising livestock grazing on open air runs for hens producing such eggs (regulation 10); h derogating from the provisions of Commission Regulation (EC) No. 557/2007, by allowing eggs to be marketed as free range eggs although not all of the requirements laid down in that Regulation for free range eggs are met (regulation 11); i derogating from the provisions of Commission Regulation (EC) No. 557/2007, by allowing eggs to be marketed as barn eggs although not all of the requirements laid down in that Regulation for barn eggs are met (regulation 12); j providing a right of appeal against certain decisions of the Scottish Ministers (regulation 17); and k creating a penalty for offences under the Regulations (regulation 18). A Regulatory Impact Assessment has been prepared for these Regulations. A copy has been placed in the Scottish Parliament Reference Centre. Copies can be obtained from the offices of the Scottish Government Environment and Rural Affairs Department at Pentland House, 47 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 “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