UK Offence Report

Offences and penalties

regulation 20(1) of The Marketing of Fruit Plant and Propagating Material (Scotland) 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

1 A person commits an offence if that person does not comply with— a an information notice served under paragraph 2 of schedule 8; b a movement notice served under paragraph 3 of schedule 8; c an enforcement notice served under paragraph 4(1)(a) of schedule 8; or d a prohibition notice served under paragraph 4(1)(b) of schedule 8.

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 This is the text as originally made; later amendments are not shown here.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
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 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 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 Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£1,000
Standard scale
Level 3
Maximum prison (summary)
Not determined

in Scotland a reference to a level is construed as referring to the standard scale as it currently stands (CP(S)A 1995 s.225(2)), not as it stood when the instrument was made.

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
30 May 2017
In force from
1 July 2017
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, which apply in Scotland, continue to implement Council Directive 2008/90/EC on the marketing of fruit plant propagating material and fruit plants intended for fruit production (OJ No L 267, 8.10.2008, p.8). They also implement— Commission Implementing Directive 2014/96/EU on the requirements for the labelling, sealing and packaging of fruit plant propagating material and fruit plants intended for fruit production, falling within the scope of Council Directive 2008/90/EC (OJ L 298, 16.10.2014, p.12); Commission Implementing Directive 2014/97/EU implementing Council Directive 2008/90/EC as regards the registration of suppliers and of varieties and the common list of varieties (OJ L 298, 16.10.2014, p.16); Commission Implementing Directive 2014/98/EU implementing Council Directive 2008/90/EC as regards specific requirements for the genus and species of fruit plants referred to in Annex I thereto, specific requirements to be met by suppliers and detailed rules concerning official inspections (OJ No L, 298, 16.10.2014, p.22). They revoke and replace the Marketing of Fruit Plant Material Regulations (S.I. 2010/2079) as regards Scotland (see regulation 24). Part 1 of the Regulations is introductory. The fruit plants and propagating material (plant material) to which the Regulations apply is set out in regulation 3 and schedule 1. Part 2 contains requirements for marketing plant material (regulation 5). In order to be marketed, plant material must comply with requirements set out for certification (regulation 5(1) and schedule 2) and packaging, sealing and labelling (regulation 8 and schedule 5). Plant material must be, or be in the process of being, registered (schedule 4) and have been granted, or an application made for, plant variety rights (regulation 7). CAC material must comply with requirements set out in schedule 3 and be accompanied by a supplier’s document (schedule 5, part 2). Regulation 6 sets out exceptions to these general requirements. Part 3 requires the registration of suppliers (regulation 10) and a register of suppliers (regulation 11). Suppliers are required to monitor the production of plant material (regulation 14), remove non-compliant materials (regulation 15), separate plant materials (regulation 16) and keep records (regulation 17). Part 4 deals with the enforcement and administration of these Regulations and sets out inspectors’ (appointed by the Scottish Ministers) powers, including a power to serve a notice on any person to require that person to provide information and a power to prohibit the movement of plant material suspected of failing to comply with these Regulations (schedule 8). An inspector also has a power to serve a notice on any person acting in contravention of these Regulations to require that person to comply with the Regulations or to prohibit that person from acting in breach of them. Under regulation 20(1) a person who fails to comply with any such notice or to give assistance to the inspector commits an offence. Under regulation 20(2) a person who commits an offence under the Regulations is liable on summary conviction to a fine not exceeding level 3 on the standard scale. Regulation 22 makes provision for arrangements for official measures. Part 5 sets out a transitional provision (regulation 23) and a revocation provision (regulation 24). No business and regulatory impact assessment has been prepared for these Regulations as no impact or no significant 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