UK Offence Report

Contravention of The Tuberculosis (Scotland) Order 2023

the instrument as a whole of The Tuberculosis (Scotland) Order 2023

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

Contravening this instrument is an offence under section

73 of the Animal Health Act 1981. The instrument itself contains no offence-creating words.

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 This is the text as originally made; later amendments are not shown here.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

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.

Classifier’s reasoning: contravention offences of this kind are strict as to the breach; the fault position is governed by the parent Act and was not read from it.

What would breach the instrument as a whole?

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 what the provision prohibits, or failing to do what it requires under the Tuberculosis (Scotland) Order 2023.

Penalty

Mode of trial
Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine
Not determined
Maximum prison (summary)
Not determined

The instrument does not state a penalty itself. It sets one by reference to section 73 of the Animal Health Act 1981.

the penalty is in the parent Act, not in this instrument.

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
21 March 2023
In force from
18 May 2023
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 Order) — the explanatory note published with the instrument, © Crown copyright.

This Order re-enacts the Tuberculosis (Scotland) Order 2007 with amendments. In addition to minor and drafting amendments, it makes the following changes of substance:- Article 2 (interpretation) includes a definition of “isolation”. Article 9 (pre-movement testing) now requires a diagnostic test for tuberculosis to be applied to a bovine animal no more than 30 days before the date of the animal’s movement and provides that certain diagnostic tests will not satisfy this pre-movement testing requirement. Article 23 (compensation for bovine animals slaughtered for tuberculosis) limits the maximum amount of compensation payable for all bovine animals slaughtered due to reasons of tuberculosis, not just reactor animals that have tested positive as being affected with tuberculosis. Article 25 (compensation for animals subject to isolation requirements) reduces the compensation payable for an animal caused to be slaughtered due to reasons of tuberculosis to 5% of the amount which would otherwise be payable as the market value of the animal, where the animal has not been kept in isolation, in breach of an isolation requirement. Article 27 (reduced compensation for unclean animal presented for slaughter) reduces the compensation payable for an animal presented for slaughter due to reasons of tuberculosis to 50% of the amount which would otherwise be payable as the market value of the animal, where the official veterinarian at the slaughterhouse is of the opinion that the animal is not in a clean condition. Article 40 makes consequential amendments to the Bovine Semen (Scotland) Regulations 2007. Transitional provision is made in article 41 for pre-movement diagnostic tests for tuberculosis applied to a bovine animal before the date on which this Order comes into force but less than 60 days before the animal’s movement. Provision is also made that the maximum amount of compensation payable for bovine animals which are not reactor animals does not apply where the notice of intended slaughter was served before this Order comes into force and that the reduction in compensation for breach of an isolation requirement does not apply where the breach took place before the coming into force of this Order.

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 0.70.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.70 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