UK Offence Report

Contravention of The Diseases of Animals (Approved Disinfectants) (Scotland) Order 2008

the instrument as a whole of The Diseases of Animals (Approved Disinfectants) (Scotland) 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

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 This is the text as originally made; later amendments are not shown here.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
selling or supplying something the instrument restricts
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. Selling the goods under the Diseases of Animals (Approved Disinfectants) (Scotland) Order 2008 where the instrument prohibits the sale outright.
  2. Supplying without carrying out a check the instrument requires first, even where the sale would otherwise be lawful.
  3. Offering for sale counts as well as selling: displaying stock is enough where the provision reaches an offer.

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
2 June 2008
In force from
23 June 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 revokes and remakes the Diseases of Animals (Approved Disinfectants) Order 1978 in so far as it relates to Scotland. Article 3 provides that a manufacturer of a disinfectant may apply to the Scottish Ministers to have that disinfectant approved for use when an Order under the Animal Health Act 1981 specifies that an approved disinfectant must be used. Article 4 provides that an approved disinfectant may only be used in accordance with the conditions of the approval or as directed by an inspector. Article 5 provides that an approval is granted for two years but may be renewed. Article 6 provides that the Scottish Ministers may amend, suspend or revoke an approval or refuse to renew an approval. Article 7 provides a procedure for a manufacturer to apply for a review of any decision made by the Scottish Ministers. Article 8 provides that a manufacturer or supplier must take reasonable steps to notify any person in the United Kingdom to whom the manufacturer has supplied a disinfectant in the previous 6 months if its approval has been amended, suspended or revoked, or if a renewal of the approval has been refused. Article 9 prohibits the placing of any disinfectant on the market that is labelled or otherwise represented as an approved disinfectant if it is not approved under this Order or if the formula for it has changed since approval was granted. Article 10 makes provision in connection with references in existing legislation. Article 11 provides that the Scottish Ministers may at any time require information about a disinfectant, or samples of that disinfectant, to be provided to them. Article 12 provides for offences by a body corporate. Article 13 provides that the Order shall be enforced by the local authority. Article 14 revokes earlier legislation as set out in the Schedule. Breach of the Order is an offence under section 73 of the Animal Health Act 1981, punishable in accordance with section 75 of that Act. This Order has been notified in draft to the European Commission in accordance with Directive 98/34/EC of the European Parliament and of the Council (O.J. No. L 204, 21.7.98, p.37) laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services, as amended by Directive 98/48/EC of the European Parliament and of the Council (O.J. No. L 217, 5.8.98, p.18). A regulatory impact assessment has not been produced for this instrument because it has no impact on the costs of business.

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 0.57.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.57 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