UK Offence Report

Contravention of The Farmed Game Meat (Hygiene and Inspection) (Charges) Regulations 1993

the instrument as a whole of The Farmed Game Meat (Hygiene and Inspection) (Charges) Regulations 1993

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 sections 10(2), 33 and 35 of the Food Safety Act 1990. 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 This is the text as originally made; later amendments are not shown here.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 Farmed Game Meat (Hygiene and Inspection) (Charges) Regulations 1993.

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 sections 10(2), 33 and 35 of the Food Safety Act 1990.

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
24 May 1993
In force from
25 June 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 provide for local authorities to make a charge for every health inspection and control exercise carried out by them in respect of farmed game meat at a slaughterhouse, cutting premises, cold store, farmed game handling facility or a farmed game processing facility pursuant to the Fresh Meat (Hygiene and Inspection) Regulations 1992 (regulation 3). There is an upper limit on the amount that can be charged by a local authority in respect of such health inspection and control exercises. That limit is £ 40 for the first four livestock units presented at a slaughterhouse on the same occasion for inspection. For any additional livestock units presented together with the first four, the limit is £6.30 per livestock unit. In all cases the amount that may be charged for a health inspection and control exercise must not exceed the real cost (regulation 4). A livestock unit is defined as 3 deer or swine (regulation 2(1)). In calculating the real cost of carrying out a health inspection and control exercise at a premises a local authority is required to use the factors specified in the Schedule (regulation 5). Before making a charge for a health inspection and control exercise under the Regulations a local authority is required to notify the occupier of the premises affected by such charge of the amount which it proposes to charge and to consider any representations made to it concerning the charge by any person whom it has notified (regulation 7). If the occupier considers that the authority has determined an amount in respect of the real cost of the exercise which is excessively high he may appeal to the appropriate Minister against it, and if the appropriate Minister is satisfied that this is the case, he shall require the authority to recalculate the amount of the charge in accordance with such directions as he may give it (regulation 9).

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

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 0.57.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.57 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