UK Offence Report

Amendment of the Aquatic Animal Health (Scotland) Regulations 2009

regulation 2(3) of The Aquatic Animal Health (Scotland) Amendment Regulations 2011

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

2 A person is guilty of an offence if, for the purpose of procuring the issue of an animal health certificate under Chapter III of Regulation (EC) No. 1251/2008, that person— a makes a statement which is false and which that person knows or suspects is false; or b intentionally fails to disclose any material particular. .

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 This is the text as originally made; later amendments are not shown here.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
making a false or misleading statement
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 2(3)?

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. Entering a figure on a form or return that is known to be wrong under the Aquatic Animal Health (Scotland) Amendment Regulations 2011.
  2. Leaving out something the form asks for, where the omission is what makes the answer misleading.
  3. Producing a document to an official that has been altered since it was issued.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated here: this instrument amends another one, and the penalty for the offence is in the instrument being amended.

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
20 May 2011
In force from
27 May 2011
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.

The Aquatic Animal Health (Scotland) Regulations 2009 (“the 2009 Regulations”) implement Council Directive 2006/88/EC (O.J.L238, 24.11.2006, p.14) on animal health requirements for aquaculture animals and products thereof and on the prevention and control of certain diseases in aquatic animals. Article6 of Commission Decision2010/221/EU (O.J.L98, 20.4.2010, p.7) repealed Commission Decision 2004/453/EC (O.J.L156, 30.4.2004, as corrected by O.J.L202, 7.6.2004 p.4). Commission Decision 2011/187/EU (O.J.L80, 26.3.2011, p.15) amends Commission Decision 2010/221/EU. Regulation 2(2) amends the 2009 Regulations to remove references to repealed legislation and regulation2(3) updates the offence provisions in regulation17(1) and (2) of the 2009 Regulations in consequence of the repeal of Commission Decision 2004/453/EC. The animal health certificate formerly under Article5 of Decision2004/453/EC is now provided for in ChapterIII or IV of Commission Regulation(EC) No.1251/2008 (O.J.L337, 16.12.2008, p.41) (“Regulation1251/2008”), as last amended by Commission Regulation(EU) No.350/2011 (O.J.L97, 12.4.2011, p.9). The third country import certificates in AnnexIV of Regulation1251/2008 (referred to in ChapterIV of Regulation1251/2008) are provided for in Commission Regulation (EU) No.346/2010 (O.J.L104, 24.4.2010, p.1). Regulation2(4) adds OsHV-1 μvar to the list of notifiable diseases in Schedule 1 to the 2009 Regulations. A Business and Regulatory Impact Assessment (“BRIA”) has been prepared in relation to these Regulations and placed in the Scottish Parliament Information Centre. Copies of the BRIA associated with the 2009 Regulations are available from Marine Scotland, Victoria Quay, Leith, Edinburgh, EH66QQ.

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 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