UK Offence Report

12 A person who wilfully obstructs the Scottish Ministers, or any person falling within article 3(3), where…

article 12 of The Transport and Works (Scotland) Act 2007 (Access to Land by the Scottish Ministers) Order 2008

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

12 A person who wilfully obstructs the Scottish Ministers, or any person falling within article 3(3), where the Scottish Ministers have been authorised to enter authorised land by virtue of

a warrant under article

11 is guilty of an offence and liable on summary conviction to

a fine not exceeding level

3 on the standard scale.

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 This is the text as originally made; later amendments are not shown here.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
No statutory defence — prosecution proves everything

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

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

Classifier’s reasoning: mens rea word in the offence-creating words: wilfully.

What would breach article 12?

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 wilfully obstructs the Scottish Ministers.
  2. Refusing to let an inspector onto premises they are entitled to enter under the Transport and Works (Scotland) Act 2007 (Access to Land by the Scottish Ministers) Order 2008.
  3. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  4. 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
£1,000
Standard scale
Level 3
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
21 May 2008
In force from
22 May 2008
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 makes provision as regards entry to land by the Scottish Ministers, where they are considering publishing under section 6 of the Transport and Works (Scotland) Act 2007 a notice of a proposal to make an order under section 1 of that Act, to inspect and survey land for purposes connected with construction, operation or works to which such an order would relate. An order under section 1 of that Act relates to the authorisation of transport systems and inland waterways. This Order prescribes the procedure for the making and consideration of representations in relation to a proposal for entry and the procedure for enforcing access where, subsequent to a determination to take entry, access is prevented. Article 3 provides that, if they so determine, the Scottish Ministers may enter land for such purposes as may be specified in the determination. Article 4 provides the pre-conditions that the Scottish Ministers have to fulfil before proceeding to seek entry to land pursuant to this Order. Article 5 (with the Schedule) provides for the service by the Scottish Ministers of notice, on specific persons, of the proposal to enter the land pursuant to this Order and for a newspaper notice. Article 6 makes provision relating to representations including the validity of representations. Article 7 makes provision in relation to any hearing held to consider representations on any proposal to enter land pursuant to this Order. Article 8 sets out provision regarding the Scottish Ministers determination on their proposal to enter land, the noticing arrangements and in the case of a determination to enter land provision as to the date on which that determination shall have effect. Article 9 sets out the procedures for an appeal to the Sheriff by any person aggrieved by a determination to enter land. Article 10 sets out the circumstances where compensation can be recovered from the Scottish Ministers. It also prescribes that any dispute shall be referred to and determined by the Lands Tribunal for Scotland. Article 11 provides the circumstances in which the sheriff may grant a warrant and article 12 sets out the offence that a person commits in wilfully obstructing entry which has been authorised by virtue of a warrant. A Regulatory Impact Assessment has been prepared in respect of this Order. A copy can be obtained from the Scottish Government Transport Directorate, Victoria Quay, Edinburgh EH6 6QQ.

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 0.92.

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