UK Offence Report

Amendment of schedule 3

regulation 8(b) of The Cattle Identification (Scotland) Amendment Regulations 2017

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

3 A person who fails to comply with sub-paragraph (1) commits an offence. ;

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 This is the text as originally made; later amendments are not shown here.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
failing to do something the instrument requires
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 8(b)?

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 fails to comply with sub-paragraph (1).
  2. Not doing what the provision requires under the Cattle Identification (Scotland) Amendment Regulations 2017, by the time it requires it to be done.
  3. Doing it, but not in the manner or to the standard the instrument specifies.

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
26 April 2017
In force from
27 May 2017
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 amend the Cattle Identification (Scotland) Regulations 2007 (“the principal Regulations”) consequent to amendments made by Regulation (EU) No 653/2014 of the European Parliament and of the Council amending Regulation (EC) No 1760/2000 as regards electronic identification of bovine animals and labelling of beef. These Regulations also adjust requirements placed on keepers in the principal Regulations relating to the ear tagging of bovine animals, and the passports of bovine animals when they are moved, in situations where keepers regularly use a holding in addition to their principal holding. Regulation 3(a) inserts a definition of “additional holding”, being a holding other than a principal holding that is regularly used by a keeper of bovine animals for holding, keeping or handling animals, where the use of such a holding has been notified to the Scottish Ministers. Regulation 3(b) substitutes the definition of “Regulation (EC) No. 1760/2000” in regulation 2(1) of the principal Regulations. Regulations 4, 5, 6 and 7 amend references in the principal Regulations to Regulation (EC) No 1760/2000. Regulation 6(c) places a requirement on a keeper of bovine animals to tag the ear of such an animal born on an additional holding. Regulation 6(e) provides that bovine animals arriving from third countries must be tagged either within 20 days of the completion of veterinary checks, or before they leave the holding of destination, whichever is sooner. Regulation 8 removes— the requirement to amend a cattle passport and transfer an identification document when moving a bovine animal between a principal holding and an additional holding; the requirement to ensure an identification document accompanies a bovine animal between such holdings; and the requirement to pass the identification document to the keeper at the destination, when moving bovine animals between such holdings; and Regulation 8 also requires the keeper of a holding on which a bovine animal arrives, to complete the required details in the cattle passport within 48 hours of the arrival of that animal. Regulation 9 restricts the requirement to include the identification code of a dam on the register, to situations in which the animal is born on that holding. It also changes the requirement placed on keepers in the principal Regulations by requiring that a register must record a bovine animal movement within 48 hours of that movement, and a change of ear tag identification code within 48 hours of its application. No business and regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.

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 “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