UK Offence Report

Offences by bodies corporate, etc.

article 20(1) of The Tuberculosis in Specified Animals (Scotland) Order 2015

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

1 Where— a an offence under this Order has been committed by a body corporate or a Scottish partnership or other unincorporated association; and b it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of— i a relevant individual; or ii an individual purporting to act in the capacity of a relevant individual, the individual as well as the body corporate, Scottish partnership or unincorporated association commits an offence and is liable to be proceeded against and punished accordingly.

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 This is the text as originally made; later amendments are not shown here.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 body corporate
Conduct
breaching the provision
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 body corporate 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 article 20(1)?

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. Doing what the provision prohibits, or failing to do what it requires under the Tuberculosis in Specified Animals (Scotland) Order 2015.

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
8 September 2015
In force from
9 October 2015
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 Order) — the explanatory note published with the instrument, © Crown copyright.

This Order confers powers on the Scottish Ministers in relation to tuberculosis in deer, goats, pigs, sheep, alpacas, guanacos, llamas and vicuñas. Article 3 provides for the approval of veterinary surgeons for the purposes of applying and reading a relevant test for tuberculosis. Articles 4 and 5 make provision with respect to the supply of information about disease in these animals, and in the carcases of wild deer, where they are affected or suspected of being affected with tuberculosis. Article 5, concerning carcases of wild deer, supplements article 5 of the Tuberculosis (Scotland) Order 2007 (S.S.I. 2007/147) which is concerned with carcases of farmed or pet animals. Article 6 provides for a veterinary inquiry and the taking of samples when an animal or carcase is affected or suspected of being affected with tuberculosis, and for restrictions relating to the movement of animals and the handling of milk. Article 7 makes provision for the testing of animals for tuberculosis. Article 8 prohibits the movement of an animal which has had a test applied to it pending the result of the test, and article 9 prohibits such movement in the event of positive or inconclusive test results. Article 10 imposes a requirement to report positive or inconclusive test results to the Scottish Ministers. Article 11 prohibits the vaccination or treatment of animals for tuberculosis without the consent of Scottish Ministers, and prohibits the obstruction of testing. Article 12 provides for the service of notices on keepers of specified animals requiring their isolation or prohibiting their movement, to control the spread of tuberculosis. Article 13 provides for the service of notices of intended slaughter under section 32 of the Animal Health Act 1981 (“the Act”), and for movement restrictions pending slaughter. Article 14 concerns the service of notices requiring precautions to be taken if an animal is affected or suspected of being affected with tuberculosis. Article 15 permits notices to be served directing the movement of animals at shows, exhibitions, markets etc. that are affected with, or suspected of being affected with, tuberculosis. Premises may also be restricted, and cleansing and disposal requirements imposed. Article 16 imposes identification requirements in relation to deer or their carcases where they are moved, or when they are tested for tuberculosis. Article 17 imposes identification requirements in relation to the movement of alpacas, guanacos, llamas and vicuñas that are affected or suspected animals, or their carcases, or on their testing. Article 18 relates to the issuing or granting of notices, licences, directions and approvals. Under section 83(1) of the Act, notices under this Order must be in writing. Article 19 provides that the Order must be enforced by the local authority, and article 20 makes provision for offences by bodies corporate, Scottish partnerships or unincorporated associations. Articles 21, 22 and the Schedule provide for the payment of compensation for the purposes of section 32(3) of the Act. Article 23 deals with revocations and an amendment, and article 24 contains a transitional provision. Failure to comply with any provision of the Order is an offence under section 73 of the Act. This Order has been notified in draft to the European Commission in accordance with Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society Services (OJ L 204, 21.7.1998, p.37), as last amended by Regulation (EU) No 1025/2012 (OJ L 316, 14.11.2012, p.12). A business and regulatory impact assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government Directorate for Agriculture, Food and Rural Communities, Animal Health and Welfare Division, Saughton House, Broomhouse Drive, Edinburgh EH11 3XD and online at http://www.gov.scot/Topics/farmingrural/Agriculture/animal-welfare/Diseases/disease/tuberculosis/legislation.

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