UK Offence Report

Amendment of the Marketing of Horticultural Produce (Scotland) Regulations 2009

regulation 11(a) of The Marketing of Horticultural Produce (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

a for paragraph (1) substitute—

1 A person is guilty of an offence if he or she moves controlled horticultural produce or

a container with controlled horticultural produce in it, or causes or permits it to be moved—

a without the written consent; or

b other than in accordance with the written consent, of an authorised officer given under regulation 13(1). ; and

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 This is the text as originally made; later amendments are not shown here.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
acting without the licence or authorisation required
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

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.

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

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach regulation 11(a)?

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 or she moves controlled horticultural produce or a container with controlled horticultural produce in it, or causes or permits it to be moved— a without the written consent.
  2. Starting the activity before the licence is granted, rather than on the day it takes effect under the Marketing of Horticultural Produce (Scotland) Amendment Regulations 2011.
  3. Carrying on after a licence has expired, been surrendered or been suspended.
  4. Relying on somebody else's authorisation, where the provision requires the person doing the act to hold one.

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
7 September 2011
In force from
10 October 2011
Extent
S

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 implement Commission Implementing Regulation (EU) No543/2011 laying down detailed rules for the application of Council Regulation (EC) No1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sector (O.J.L157, 15.6.2011, p.1) (“the EU Regulation”) in Scotland. The EU Regulation consolidated with amendments Commission Regulation (EC) No1580/2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (O.J.L350, 31.12.2007, p.1). Regulations 3, 4, 9 and 16 amend the Marketing of Horticultural Produce (Scotland) Regulations 2009 (“the principal Regulations”) to update the necessary references to the EU Regulation. In addition, regulations 6 and 7 amend regulations 10 and 11 of the principal Regulations to provide for a right of review in relation to stop notices controlling the movement of horticultural produce. Regulation15 also amends Part III of Schedule 1 to the principal Regulations, to adjust the wording required to be contained in stop notice labels. Regulations 5, 8 and 10 to 14 update the principal Regulations in line with current drafting practice. No Business and Regulatory Impact Assessment has been prepared for this instrument as it has no impact on the cost of business in Scotland.

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