UK Offence Report

Temporary prohibition orders concerning layings

regulation 13(6) of The Food Safety (Live Bivalve Molluscs and Other Shellfish) Regulations 1992

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

6 It is an offence to place on the market live bivalve molluscs or other shellfish taken from layings subject to the restrictions of

a temporary prohibition order.

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 This is the text as originally made; later amendments are not shown here.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
selling or supplying something the instrument restricts
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 13(6)?

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. On these words it is an offence to place on the market live bivalve molluscs or other shellfish taken from layings subject to the restrictions of a temporary prohibition order.
  2. Selling the goods under the Food Safety (Live Bivalve Molluscs and Other Shellfish) Regulations 1992 where the instrument prohibits the sale outright.
  3. Supplying without carrying out a check the instrument requires first, even where the sale would otherwise be lawful.
  4. Offering for sale counts as well as selling: displaying stock is enough where the provision reaches an offer.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£5,000
Maximum prison (summary)
Not determined
Maximum prison (on indictment)
2 years

expressed as the statutory maximum (the prescribed sum): the same words mean £5,000 in England and Wales and £10,000 in Scotland.

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
11 December 1992
In force from
1 January 1993
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 implement parts of Council Directive 91/492/EEC of 15th July 1991 ( “the Directive”) which lays down health conditions for the production and placing on the market of live bivalve molluscs. Part of the Directive was implemented by the Food Safety (Live Bivalve Molluscs) (Derogations) Regulations 1992 ( “the Derogations Regulations”). The Derogations Regulations specify the procedure to be followed on an application for a derogation from some of the requirements of the Directive in relation to purification centres which requirements are set out in the Schedule to those Regulations. The Directive makes provision in relation to live bivalve molluscs and also to echinoderms, tunicates and marine gastropods (in these Regulations referred to as “other shellfish”). Provisions relating to purification do not relate to other shellfish. Regulation 3 provides for the designation of areas called “designated bivalve production areas” for the harvesting and production of live bivalve molluscs and for the designation of areas for the relaying of live bivalve molluscs, and for the keeping of lists of such areas in accordance with article 5.2(a) of the Directive. Regulation 4 provides for the designation of areas unsuitable for the production and harvesting of live bivalve molluscs and other shellfish in accordance with article 5.3 of the Directive. Regulation 5 provides for the alteration of designated areas and relaying areas and for designations to be revoked in certain circumstances. Regulation 6 prohibits the production and harvesting of live bivalve molluscs unless they are from a designated bivalve production area (see article 5.2(a) of the Directive). Regulations 7 and 9 are about the approval of dispatch and purification centres (see article 5.1(a) of the Directive) subject to the effect of any derogation under the Derogations Regulations. Regulation 8 permits the operation of such a centre pending an appeal against a decision to refuse an approval of a centre. Regulation 10 prohibits the operation of a dispatch or purification centre except in accordance with the requirements specified in the Schedule to the Derogations Regulations and any other limitations imposed under the Regulations (article 5.1(a) of the Directive). Regulation 11 implements article 3.1 of the Directive and requires that live bivalve molluscs for immediate consumption should be placed on the market only where the requirements specified are satisfied. It also imposes some requirements for other shellfish. Regulation 12 provides for an exemption from regulation 11 where a coastal fisherman places a small quantity of products on the market (see article 2.16 of the Directive). Regulation 13 provides for the food authority to make a temporary prohibition order in relation to a laying. Regulation 14 provides for monitoring by the Ministers (defined in section 4(1) of the Food Safety Act 1990)-see article 5.1(b) and 5.2.(b). Chapter III of the Directive relates to imports from third countries. Most of this part of the Directive is being implemented elsewhere, but regulation 15 makes provision for certain requirements for the transport and handling to apply to live bivalve molluscs and other shellfish imported into the United Kingdom (whether from a third country or from a member State) are met. Regulations 16 to 22 provide for offences, the application of certain provisions of the Food Safety Act 1990, enforcement and execution of the Regulations, amendment of inconsistent or spent statutory instruments and for transitional provisions.

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 0.90.

Basis
the provision says “it is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.90 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