Third country recording and reporting requirements
regulation 6(3) of The Fisheries (EU Exit) (Scotland) (Amendment) Regulations 2019
- Status not determined
- Requires proof of a state of mind
- Health and safety, environment, waste and fisheries
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 is guilty of an offence if that person, in purported compliance with
a third country recording and reporting requirement, knowingly or recklessly records or reports information which is false in
a material particular where that information is recorded or reported in Scotland or in the Scottish zone.
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 This is the text as originally made; later amendments are not shown here.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
- making a false or misleading statement
- Fault element
- Requires proof of a state of mind
- Burden of proof
- No statutory defence — prosecution proves everything
The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (knowingly, knowingly or recklessly, recklessly).
The provision states no defence, so the prosecution bears the burden on every element of the offence.
Classifier’s reasoning: mens rea word in the offence-creating words: knowingly, recklessly, knowingly or recklessly.
What would breach regulation 6(3)?
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.
- Entering a figure on a form or return that is known to be wrong under the Fisheries (EU Exit) (Scotland) (Amendment) Regulations 2019.
- Leaving out something the form asks for, where the omission is what makes the answer misleading.
- Producing a document to an official that has been altered since it was issued.
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.
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Sentencing organisations: fines and the means of a corporate defendant
All courts in England and Wales
How a fine on a company is arrived at from its turnover. Relevant far beyond the guidelines that state it, because a very large share of the offences in this corpus can only be committed by an organisation.
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Environmental offences: definitive guideline
Magistrates' courts and the Crown Court in England and Wales · in force from 1 July 2014
Covers unauthorised or harmful deposit, treatment or disposal of waste, illegal discharges to air, land and water, and the equivalent offences committed by organisations. It is the guideline that introduced turnover bands for corporate fines, so the size of the defendant company is a starting point rather than a mitigating detail.
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Health and safety offences, corporate manslaughter and food safety and hygiene offences: definitive guideline
Magistrates' courts and the Crown Court in England and Wales · in force from 1 February 2016
Covers breaches of duty under the Health and Safety at Work etc. Act 1974 and the regulations made under it, and food safety and food hygiene offences. Sentencing turns on culpability and on the seriousness and likelihood of harm risked, not only on the harm that happened.
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Reduction in sentence for a guilty plea: definitive guideline
All courts in England and Wales · in force from 1 June 2017
The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.
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General guideline: overarching principles
All courts in England and Wales · in force from 1 October 2019
The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.
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Totality: definitive guideline
All courts in England and Wales
How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.
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
- 31 January 2019
- In force from
- Not determined
- 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 are made in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 (c.68) and paragraphs 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018 (c.16). These Regulations make amendments to legislation relating to salmon fishing, salmon conservation, sea fisheries and marine and fisheries funding legislation. The amendments update references to a number of EU instruments referred to in that legislation. The amendments also address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union. Part 2 amends subordinate legislation concerning salmon fishing, salmon conservation and sea fisheries. Regulations 2 to 6 update and replace out of date references to EU instruments in the following subordinate legislation: the Salmon (Definition of Methods of Net Fishing and Construction of Nets) (Scotland) Regulations 1992; the Tweed Regulation Order 2007; the Sea Fishing (EU Recording and Reporting Requirements) (Scotland) Order 2010; the Sharks, Skates and Rays (Prohibition of Fishing, Trans-shipment and Landing) (Scotland) Order 2012; and the Sea Fishing (EU Control Measures) (Scotland) Order 2015. Regulations 2 to 6 update or replace out of date references to EU law with either equivalent text or references to current EU instruments. References to EU instruments which are no longer in force are removed and, where appropriate, references to repealed EU instruments are replaced with references to current EU equivalents. Part 3 makes amendments to primary legislation. Regulation 7 amends deficiencies arising from the withdrawal of the United Kingdom from the European Union which are contained within the Aquaculture and Fisheries (Scotland) Act 2013. Part 4 makes amendments to various subordinate legislation concerning sea fisheries and marine and fisheries funding. Regulations 8 to 14 make amendments to remedy deficiencies arising from the withdrawal of the United Kingdom from the European Union by updating, replacing or removing EU references including references to EU instruments which will become redundant or will no longer be appropriate on or after exit day. A Business and Regulatory Impact Assessment has not been produced for this instrument as no significant impact on the private or voluntary sectors 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 0.92.
- Basis
- the provision says a person is “guilty of 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
- This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
- The Fisheries (EU Exit) (Scotland) (Amendment) Regulations 2019 Every offence this instrument creates, and its explanatory note
- Health and safety, environment, waste and fisheriesOther offences on the same subject
- Offences created in 2019