UK Offence Report

Amendment of the Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010

regulation 2 of The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019

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

2 The occupier of any slaughterhouse or cutting plant where specified risk material is removed must ensure that staff receive any training necessary to comply with the occupier’s duties under this schedule; and failure to do so is 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 This is the text as originally made; later amendments are not shown here.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
an occupier
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 an occupier 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 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. Not doing what the provision requires under the Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019, by the time it requires it to be done.
  2. 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 March 2019
In force from
23 May 2019
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 make amendments to the Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010 (S.S.I. 2010/177) (“the 2010 Regulations”). The 2010 Regulations implement Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ No L 147, 31.5.2001, p.1) (“the EU TSE Regulation”). The EU TSE Regulation has been subsequently updated and so these Regulations make consequential amendments to the 2010 Regulations and fix out of date references. Regulation 3 amends regulation 2 of the 2010 Regulation (interpretation) so that the definitions of certain EU instruments are up to date. Regulation 4 amends regulation 3 of the 2010 Regulations (appointment of competent authority) to provide that the Scottish Ministers are the competent authority for the purposes of paragraph (19) of schedule 7. Regulation 5 amends regulation 15 of the 2010 Regulation (notices) to make provision for the serving of notices under that regulation. Regulations 6, 7, 8, 9 and 10 make consequential amendments to schedules 2, 4, 6, 7 and 8 of the 2010 Regulations. Regulation 9(10) inserts a new paragraph (19) into schedule 7 of the 2010 Regulations. This provides that the term “aged over 12 months”, when it appears in that schedule, means that the age of the animal in question has been determined in accordance with a method which has been approved by the Scottish Ministers.

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 0.88.

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