UK Offence Report

Amendment of the Poultrymeat (Scotland) Regulations 2011

regulation 5(9) of The Agriculture Market Measures (EU Exit) (Scotland) (Amendment) (No. 2) 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

9 In schedule 1 (European poultrymeat provisions contravention of which is an offence)— a in the schedule heading for “EUROPEAN” substitute “RETAINED EU”, b in Part 1 (provisions of the Single CMO Regulation or the Council Regulation 2013), in the Table— i in the first row (Article 74 of the Council Regulation 2013, first sub-paragraph, insofar as it relates to the marketing of poultrymeat)— aa for the text in column 1 substitute “Article 116 of the Single CMO Regulation”, and bb in column 2 for “Article” to “2013” substitute “Points I(2) and (3) and III(1) of Part B of Annex XIV to the Single CMO Regulation,”, and ii after the first row insert— Point III(1) of Part B of Annex XIV to the Single CMO Regulation Article 7 of the Commission Regulation Quality grading. , and c in Part 2 (provisions of the Commission Regulation), in the Table, in column 2 of— i the tenth row (Article 7(1)), for the text substitute “Point III(1) of Part B of Annex XIV to the Single CMO Regulation”, ii the twelfth row (Article 10), omit the text, iii the thirteenth row (Article 11(1), first sub-paragraph), for “Annexes IV and V” substitute “Annex V”, iv the twenty-third row (Article 16(1), second sub-paragraph), for “XI” substitute “IX”, v the twenty-seventh row (Article 16(6)), omit the text, and vi the thirty-fourth row (Article 20(4) in so far as it applies Article 16(6) of the Commission Regulation), omit the text.

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 This is the text as originally made; later amendments are not shown here.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 5(9)?

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 Agriculture Market Measures (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019, 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 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
29 October 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 by the Scottish Ministers in exercise of the powers conferred by paragraphs 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018 (c.16) (“the 2018 Act”) and by section 2(2) and paragraph 1A of schedule 2 of the European Communities Act 1972 (c.68) (“the 1972 Act”). The Regulations are made in order to address failures of EU-derived domestic law to operate effectively and other deficiencies that would otherwise arise as a result of the withdrawal of the UK from the European Union. The Regulations also make amendments under section 2(2) of the 1972 Act in the field of common market organisations for certain agricultural products to make minor corrections and update references in relation to a number of EU instruments referred to in the instruments being amended, for the purposes of ensuring enforceability of current law. Regulation 2 amends the Registration of Establishments Keeping Laying Hens (Scotland) Regulations 2003 to fix deficiencies and is made in exercise of powers conferred by paragraph 1(1) and (3) of schedule 2 of the 2018 Act. Regulation 3 amends the Reporting of Prices of Milk Products (Scotland) Regulations 2005 to fix deficiencies and is made in exercise of powers conferred by paragraph 1(1) and (3) of schedule 2 of the 2018 Act. Regulation 4 amends the Eggs and Chicks (Scotland) (No. 2) Regulations 2008, which implement and relate to EU measures providing for marketing standards and related measures as regards eggs and chicks. Regulation 4 fixes deficiencies which arise as a result of the withdrawal of the UK from the European Union and is made in exercise of powers conferred by paragraph 1(1) and (3) of schedule 2 of the 2018 Act. Regulation 4 also updates cross-references to EU instruments, and those updates are made in exercise of section 2(2) of the 1972 Act, in order to provide for enforcement of the current EU marketing standards. Regulation 5 amends the Poultrymeat (Scotland) Regulations 2011, which provide for enforcement of EU marketing standards for poultrymeat. Regulation 5 fixes deficiencies that would otherwise arise as a result of withdrawal of the UK from the European Union and is made in exercise of powers conferred by paragraph 1(1) and (3) of schedule 2 of the 2018 Act. Regulation 5 also makes minor corrections to cross-references to EU instruments to ensure provision for enforcement of the currently applicable EU marketing standards. Those corrections are made in exercise of section 2(2) of the 1972 Act. Regulation 6 amends the Milk and Other Products (Pupils in Educational Establishments) (Scotland) Regulations 2017 to fix deficiencies and is made in exercise of powers conferred by paragraph 1(1) and (3) of schedule 2 of the 2018 Act. All the amendments are to ensure the enforcement of marketing standards and common market organisation in these product sectors operates effectively after EU exit. No Business and Regulatory Impact Assessment has been prepared in relation to these Regulations as 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 0.88.

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