UK Offence Report

The Poultrymeat (Scotland) Regulations 2011

regulation 43(4) of The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018

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

4 In schedule 1 (European poultrymeat provisions contravention of which is an offence)—

a in Part 1 (provisions of the single CMO Regulation or the Council Regulation 2013), in the table omit row 2, and

b in Part 2 (provisions of the Commission Regulation), in column

2 of the table, in row

10 for the words from “Point III(I)” to “CMO Regulation” substitute “Part V of Annex VII to Council Regulation 2013”.

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 This is the text as originally made; later amendments are not shown here.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
contravening a requirement of the instrument
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 43(4)?

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 the thing the provision prohibits under the Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018, whatever the reason for doing it.
  2. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

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
19 December 2018
In force from
28 February 2019
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 amendments to the legislation referred to below. The amendments update references to a number of EU instruments referred to therein, and make consequential repeals and revocations of primary and secondary legislation due to updates in EU law. Part 2 amends legislation concerning environmental protection. Regulation 2 updates a reference to an EU instrument which has been recast with a reference to the appropriate domestic legislation. Regulation 3 replaces references in the Pollution Prevention and Control (Scotland) Regulations 2012 to out of date EU instruments with either equivalent text or references to current EU instruments. Part 3 amends legislation concerning flood risk management; Part 4 amends legislation concerning the water environment and Part 5 amends legislation concerning the water industry. In addition, Part 5 amends water industry legislation to replace references to “local authority” with “Scottish Water”. Part 6 makes amendments to various secondary legislation concerning waste. The amendments update references to EU instruments and remove references to EU instruments which are no longer in force. Where appropriate, references to repealed EU instruments are replaced with references to domestic or EU equivalents. Part 7 amends agriculture legislation to update references to domestic and EU instruments. It also amends the Crofting Counties Agricultural Grants (Scotland) Scheme 2006, the Marketing of Horticultural Produce (Scotland) Regulations 2009 and the Seed Potatoes (Scotland) Regulations 2015 to correct errors in drafting. Part 8 amends animal health legislation to update references to domestic and EU instruments. It also amends the Foot-and-Mouth Disease (Scotland) Order 2006 and the Avian Influenza (Slaughter and Vaccination) (Scotland) Regulations 2006 to correct errors in drafting. Part 9 updates references in the Welfare of Farmed Animals (Scotland) Regulations 2010 to two EU Regulations, in order to take account of subsequent relevant amendments to those EU Regulations. Part 10 updates references to a number of EU instruments in secondary legislation concerning food. Regulations 37, 40, 41, 42 and 43 amend secondary legislation to update references to EU instruments, to take account of subsequent relevant amendments made to those EU instruments, or to refer to the most recent EU instrument. Regulation 38 updates the definition of “milk” in the Milk and Dairies (Scotland) Regulations 1990, to restate more completely the reference to an EU instrument. Regulation 39 updates the schedule of the Common Agricultural Policy Non-IACS Support Schemes (Appeals) (Scotland) Regulations 2004 to insert a reference to an EU instrument, which has the effect of applying the 2004 Regulations to decisions made under the EU instrument. Regulation 44 gives effect to the schedule. Part 1 of the schedule repeals certain provisions of primary legislation only as far as they relate to milk quotas. Part 2 of the schedule revokes statutory instruments or provisions of statutory instruments. The revocations relate to: the former Scottish Milk Marketing Board; the selective cull of cattle; disposal of the hides of older cattle; distribution of market support funds to the dairy sector; organic aid; and the milk quota regime. The legislation revoked by these Regulations is now spent. No Business and Regulatory Impact Assessment has been prepared in relation to these Regulations, as no impact upon business, charities or the voluntary bodies is foreseen.

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 0.88.

Basis
the provision says the conduct “is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.88 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