Contravention of The Brucellosis (Scotland) Order 2009

the instrument as a whole of The Brucellosis (Scotland) Order 2009

Status not determined
Strict liability
Set by another provision
Dogs, animals, hunting and wildlife

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 This is the text as originally made; later amendments are not shown here.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.

Doing what the provision prohibits, or failing to do what it requires under the Brucellosis (Scotland) Order 2009.

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.

Animal cruelty: definitive guideline Magistrates' courts in England and Wales · in force from 1 July 2017
Covers cruelty to and neglect of animals, and the associated disqualification and deprivation orders.
Reduction in sentence for a guilty plea: definitive guideline All courts in England and Wales · in force from 1 June 2017
The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.
General guideline: overarching principles All courts in England and Wales · in force from 1 October 2019
The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.
Totality: definitive guideline All courts in England and Wales
How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.

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: 3 June 2009
In force from: 26 June 2009
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 Order revokes and re-enacts the Brucellosis (Scotland) Regulations 2000 and the Brucellosis and Tuberculosis Compensation (Scotland) Order 1978 as amended insofar as it relates to Brucellosis. This Order implements Council Directive 64/432/EEC insofar as it relates to the operation of a monitoring and testing programme for Brucellosis. Article 3 extends the definition of “disease” in the Animal Health Act 1981 and states that section 32 of that Act applies to brucellosis to enable animals to be slaughtered if they are infected or suspected of being infected with brucellosis. Articles 4 and 5 set out the powers of veterinary inspectors to serve notices to restrict movement or require the movement of animals infected or suspected of being infected with brucellosis to specified premises. Article 6 provides for restrictions on the removal of animal waste. Article 7 sets out the requirements relating to the sampling of milk set out in Council Directive 64/432/EEC as amended (O.J. No. L 121, 29.7.64, p.1977). Article 8 relates to the testing of bovine animals or steers. Articles 9 and 10 set out notification requirements for abortion, premature and full-term calving. Article 11 deals with restrictions on the use of semen and article 12 provides for the control of premises used by dealers to keep bovine animals. Articles 13, 14 and 15 provide for the prevention of the spread of infection. Articles 16, 17, 18, 19 and 20 provide for the slaughter of bovine animals and payment of compensation together with the ascertainment of market value and average price for that purpose. Article 21 provides for restrictions on vaccination and article 22 deals with marking bovine animals. Article 23 sets out requirements for the production of licences. Article 24 makes provision for the powers of veterinary inspectors and inspectors. Article 25 provides that enforcement is to be carried out by the local authority unless the Scottish Ministers direct otherwise, failure to comply with the Order is an offence under section 73 of the Animal Health Act 1981 punishable in accordance with section 75 of that Act. Article 26 and the Schedule provide for revocations and article 27 saves provisions of the Brucellosis and Tuberculosis Compensation (Scotland) Order 1978 in relation to compensation determined prior to the coming into force of this Order. A regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

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

This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
The Brucellosis (Scotland) Order 2009 Every offence this instrument creates, and its explanatory note
Dogs, animals, hunting and wildlifeOther offences on the same subject
Offences created in 2009