Revocations and savings
regulation 8(2) of The Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc.) Regulations 2020
- Status not determined
- Strict liability
- 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
2 Notwithstanding paragraph (1), the instruments referred to in that paragraph continue to have effect for the purposes of any investigation or legal proceedings relating to any acts or omissions which occurred before
21 December 2020 and constitute an offence under any of those instruments.
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 This is the text as originally made; later amendments are not shown here.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 8(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.
- Doing what the provision prohibits, or failing to do what it requires under the Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc.) Regulations 2020.
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.
-
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.
-
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
- 10 November 2020
- 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 paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018 (c.16). These Regulations make miscellaneous amendments to legislation concerning technical conservation measures for sea fisheries to reflect the coming into force of Regulation (EU) 2019/1241 of the European Parliament and of the Council (OJ No. L 198, 25.7.2019, p.105) (“the Technical Conservation Regulation”) and the consequential repeal and amendment of other EU instruments. These Regulations also address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a) of the 2018 Act) arising from the withdrawal of the United Kingdom from the European Union. Regulations 2 to 6 make minor amendments to the following subordinate legislation to replace, amend or remove out of date references to, and in respect of, Council Regulation (EC) No 850/98 (OJ No. L 125, 27.4.1998, p.1): the Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 2000; the Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2001; the Shrimp Fishing Nets (Scotland) Order 2004; the Regulation of Scallop Fishing (Scotland) Order 2017; and the Prohibition of Fishing with Multiple Trawls (Scotland) Order 2017. In addition, regulations 2 and 4 amend the definition of “codend” to have the same the meaning as in the Technical Conservation Regulation. Regulations 2 and 4 also revoke redundant powers of British sea-fishery officers, which are now provided for by the common enforcement powers in section 35(1) of the Aquaculture and Fisheries (Scotland) Act 2013 (asp 7). Regulation 6 also amends the minimum mesh size requirement for fishing for redfish with trawls in the area described in the first sub-paragraph of paragraph 1(1) of Part C of Annex 12 of the Technical Conservation Regulation. Regulation 7 revokes provisions in the Fisheries (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 which are redundant as a result of these Regulations. Regulation 8 revokes subordinate legislation which is now redundant and makes saving provision. A Business and Regulatory Impact Assessment has not been produced for this instrument as no significant impact upon business, charities or 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 0.75.
- Basis
- the provision says the conduct “constitutes an offence”
- Confidence
- 0.75 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 (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 Every offence this instrument creates, and its explanatory note
- Health and safety, environment, waste and fisheriesOther offences on the same subject
- Offences created in 2020