UK Offence Report

7 A person commits an offence if he or she— a obstructs an authorised person (or a person accompanying an…

paragraph 7 of SCHEDULE 2 of The Common Agricultural Policy Single Farm Payment and Support Schemes (Scotland) Regulations 2011 (revoked)

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

7 A person commits an offence if he or she—

a obstructs an authorised person (or

a person accompanying an authorised person and acting under the authorised person’s instructions) in the exercise of

a power conferred by paragraph 2;

b fails, without reasonable excuse, to comply with

a request made under paragraph 3; or

c supplies information to an authorised person (or

a person accompanying an authorised person and acting under the authorised person’s instructions), knowing it to be false or misleading.

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 This is the text as originally made; later amendments are not shown here.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
An element of the offence, for the prosecution to prove

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (knowing it to be).

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: mens rea word in the offence-creating words: knowing it to be; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

the exercise of a power conferred by paragraph 2; b fails, without reasonable excuse, to comply with a request made under paragraph 3; or c supplies information to an authorised person (or a person accompanying an authorised person and acting under the authorised person’s instructions), knowing it to be false or misleading.

What would breach paragraph 7 of SCHEDULE 2?

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— a obstructs an authorised person (or a person accompanying an authorised person and acting under the authorised person’s instructions) in the exercise of a power conferred by paragraph 2.
  2. Refusing to let an inspector onto premises they are entitled to enter under the Common Agricultural Policy Single Farm Payment and Support Schemes (Scotland) Regulations 2011.
  3. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  4. Physically blocking an examination, or removing something an officer has said they intend to inspect.

Penalty

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

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

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
22 November 2011
In force from
1 January 2012
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 make provision in Scotland for the administration of Council Regulation (EC) No 73/2009 (OJ No L 30, 31.1.2009, p.16) (“the Council Regulation”) and other EU instruments in relation to direct support schemes (including the Single Farm Payment Scheme) under the Common Agricultural Policy. The Regulations also establish the Scottish Beef Scheme (“the Scottish Beef Scheme”) which is an additional payment under Article 68 of the Council Regulation and which is funded from a retention of Single Farm Payment Scheme entitlements in Scotland’s beef sector. In relation to the Single Farm Payment Scheme, these Regulations— a define Scotland as a region for the purposes of Article 46(2) of the Council Regulation (regulation 3); b prescribe the minimum size of a holding in respect of which a direct payment may be made (regulation 4); c provide that the transferor of a payment entitlement must communicate the transfer no later than 6 weeks before the transfer is to take place and no later than 6 weeks before the last day for submission of the single application (regulation 5). Regulation 6 requires the Scottish Ministers to deduct a specified proportion, as calculated in accordance with that regulation, from the total amount of direct payments which would otherwise have been granted to the farmer. This implements Articles 1 and 3 (1) of Council Regulation (EC) No 378/2007 (OJ L 95, 5.4.2007, p.1). The regulation also provides that Ministers must apply the sums deducted as additional support for rural development measures under Council Regulation (EC) No1698/2005 (OJ NoL277, 21.10.2005, p.1). Part 4 (regulations 7-13) and Schedule 2 establish the Scottish Beef Scheme. They provide for the conditions for payment under the Scheme, and for the administration of that Scheme, including submission of applications for Scheme payments (regulation 8). They set out the conditions of eligibility for an animal in respect of which an application for a Scheme payment may be made (regulation 9 and Schedule 1) and the basis on which the Scottish Ministers may determine payments (regulation10). The Common Agricultural Policy Single Payment and Support Schemes (Integrated Administration and Control System) Regulations 2009 (S.I. 2009/32630) do not apply to the Scottish Beef Scheme. Accordingly, in relation to the Scottish Beef Scheme, the Regulations provide for scheme penalties (regulation 11), exceptions from those penalties (regulation 12) and administration and enforcement provisions (Schedule 2). Regulation 14(1) revokes the regulations specified in Schedule 3, subject to the savings in regulation 14(2).

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 0.92.

Basis
the provision says a person “commits 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