UK Offence Report

Amendment of The Poultrymeat (Scotland) Regulations 2011

regulation 3 of The Common Organisation of the Markets in Agricultural Products (Poultrymeat) (Miscellaneous Temporary Amendments) (Scotland) Regulations 2022

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 The Poultrymeat (Scotland) Regulations 2011 are to be read as if in schedule 1 (retained EU poultrymeat provisions contravention of which is an offence), in Part 1 (provisions of the Single CMO Regulation or the Council Regulation 2013), in the third row of the Table—

a in column 2, after “Point II(6) of Part V of Annex VII to Council Regulation 2013 in relation to fresh poultrymeat preparation”, in

a new line there were inserted— Points II(4A), II(6A) and III(A) of Part V of Annex VII to Council Regulation 2013 in relation to defrosted poultrymeat and defrosted poultrymeat preparation, ,

b in column 3, for “or quick-frozen” there were substituted “, quick-frozen or defrosted”.

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 This is the text as originally made; later amendments are not shown here.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 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.

  1. Doing the thing the provision prohibits under the Common Organisation of the Markets in Agricultural Products (Poultrymeat) (Miscellaneous Temporary Amendments) (Scotland) Regulations 2022, 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
24 November 2022
In force from
28 November 2022
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 temporary, non-textual amendments to Commission Regulation (EU) No 1308/2013 (“EUR 1308/2013”) and the Poultrymeat (Scotland) Regulations 2011 (“the 2011 Regulations”). These Regulations come into force on 28 November 2022 and expire on 1 January 2023. Regulation 2 amends Annex VII, Part V of EUR 1308/2013 to provide that during the period beginning on 28 November 2022 and expiring on 1 January 2023, certain poultrymeat and poultrymeat preparations may be marketed in defrosted condition. Definitions are provided of “defrosted poultrymeat” and “defrosted poultrymeat preparation”. Regulation 3 amends the 2011 Regulations in the third row of the Table in schedule 1, Part 1. The amendments provide that the offence of contravening point III of Annex VII, Part V of EUR 1308/2013 is to be read with the amendments to that Part made by these Regulations. A Business and Regulatory Impact Assessment has been prepared and will be placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government Agriculture and Rural Economy Directorate, St Andrew’s House, Edinburgh EH1 3DG.

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