UK Offence Report

Obstruction

regulation 9 of The Welfare of Farmed Animals (Scotland) Regulations 2010

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

9 If any person intentionally obstructs an inspector (or

a person assisting an inspector in accordance with regulation8(2)(f)) in the exercise of the powers conferred by regulation8 that person is guilty of an offence and will be liable on summary conviction to

a fine not exceeding level4 on the standard scale, or to imprisonment for

a term not exceeding 3months, or both.

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 This is the text as originally made; later amendments are not shown here.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

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: intentionally.

What would breach regulation 9?

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 Welfare of Farmed Animals (Scotland) Regulations 2010.
  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
Not determined
Maximum prison (summary)
Not determined

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
4 November 2010
In force from
Not determined
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 Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations, which extend to Scotland only, revoke and replace (with amendments): The Welfare of Farmed Animals (Scotland) Regulations 2000; The Welfare of Farmed Animals (Scotland) Amendment Regulations 2002; and The Welfare of Farmed Animals (Scotland) Amendment Regulations 2003. The Regulations implement the following EU legislation:— Council Directive 98/58/EC concerning the protection of animals kept for farming purposes; Council Directive 1999/74/EC laying down minimum standards for the protection of laying hens; Council Directive 2007/43/EC laying down minimum rules for the protection of chickens kept for meat production; Council Directive 2008/119/EC laying down minimum standards for the protection of calves; and Council Directive 2008/120/EC laying down minimum standards for the protection of pigs. These Regulations and the EU legislation which they implement reflect the obligations contained in the European Convention for the Protection of Animals kept for Farming Purposes of 10thMarch 1976 (European Treaty series No. 98), as read with the Protocol of Amendment to the European Convention for the Protection of Animals kept for Farming Purposes of 6thFebruary 1992 (European Treaty series No. 145). Regulation 4 provides that the Scottish Ministers are the competent authority. The Regulations apply to “farmed animals”, namely to all animals kept for farming purposes, subject to certain limited exceptions set out in regulation 3(2). A “person responsible” for an animal takes its meaning from section 18 of the Animal Health and Welfare (Scotland) Act 2006, which includes a person responsible for an animal on a permanent or temporary basis, a person who is in charge of an animal, an owner of an animal and a person with actual care and control of a child under the age of 16 years who is responsible for an animal; and includes a keeper of animals. The Regulations provide for general requirements which apply in the case of farmed animals (regulation5 and Schedule1) and for specific additional requirements which apply in the cases of conventionally reared meat chickens (regulation 6(1)(a) and Schedule 2), laying hens in certain circumstances (regulation6(1)(b) and Schedule3), calves (regulation6(1)(c) and Schedule4), cattle (regulation6(1)(d) and Schedule5), pigs (regulation6(1)(e) and Schedule6) and rabbits (regulation6(1)(f) and Schedule7). Regulation7 contains provisions to ensure that those in charge of animals access the animal welfare codes issued under section37 of the Animal Health and Welfare (Scotland) Act 2006 (which include codes issued under section3 of the Agriculture (Miscellaneous Provisions) Act 1968) and are acquainted with those codes. Regulation 8 sets out the powers of an inspector; regulation 9 makes it an offence to obstruct an inspector and regulation 10 provides for an inspector to be accompanied by a representative of the European Commission for the purpose of enforcing EU legislation. Under regulation11(1), any contravention of, or failure to comply with, the Regulations is an offence. The maximum penalty for such an offence is 3months imprisonment and/or a fine at level4 on the standard scale. Regulation 12 makes provision for enforcement. Regulation 13 and Schedule 8 revoke the instruments replaced by these Regulations and regulation 14 saves the Welfare of Farmed Animals (Scotland) Regulations 2000 in relation to any notices served and offences committed before the coming into force of these Regulations. Schedule1 provides for general conditions under which farmed animals must be kept. Schedule2 provides for additional conditions that apply to the keeping of conventionally reared meat chickens. Schedule3 provides for additional conditions that apply to the keeping of laying hens. Schedule4 provides for additional conditions that apply to the keeping of calves confined for rearing and fattening. Schedule 5 provides for additional conditions that apply to the keeping of cattle. Schedule6 provides for additional conditions that apply to the keeping of pigs. Schedule 7 provides for additional conditions that apply to the keeping of rabbits. A Regulatory Impact Assessment in relation to conventionally reared meat chickens has been prepared and placed in the Scottish Parliament Information Centre. A copy of it may be obtained from the Scottish Government Rural and Environment Directorate, Animal Health and Welfare Division, Saughton House, BroomhouseDrive, Edinburgh EH113XD.

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.

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 is “guilty of an offence”; the provision states liability on summary conviction
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