UK Offence Report

15 It shall be an offence for a person– a without reasonable excuse, to fail to comply with the provisions…

regulation 15 of The Beef Special Premium Regulations 1993

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

15 It shall be an offence for

a person–

a without reasonable excuse, to fail to comply with the provisions of regulations 4, 5(1) and 10;

b intentionally to obstruct an authorised person in the exercise of

a power conferred by regulation 11;

c without reasonable excuse, to fail to comply with

a request made under regulation 12; or

d knowingly or recklessly to make

a statement or furnish any information which is false or misleading in

a material particular where the statement is made or the information is furnished–

i in purported compliance with any requirement imposed under regulation 11(6);

ii for the purpose of obtaining

a national administrative document or

a duplicate or replacement thereof; or

iii for the purposes of obtaining for himself or any other person the whole or any part of any Community premium.

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 This is the text as originally made; later amendments are not shown here.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
obstructing an official exercising a power
Fault element
Requires proof of a state of mind
Burden of proof
An element of the offence, for the prosecution to prove

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (for the purpose of obtaining, intentionally, knowingly, knowingly or recklessly, recklessly).

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: mens rea word in the offence-creating words: knowingly, intentionally, recklessly, for the purpose of obtaining, knowingly or recklessly; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

15 It shall be an offence for a person– a without reasonable excuse, to fail to comply with the provisions of regulations 4, 5(1) and 10; b intentionally to obstruct an authorised person in the exercise of a power conferred by regulation 11; c without reasonable excuse, to fail to comply with a request made under regulation 1

What would breach regulation 15?

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. Refusing to let an inspector onto premises they are entitled to enter under the Beef Special Premium Regulations 1993.
  2. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  3. Physically blocking an examination, or removing something an officer has said they intend to inspect.

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
Revoked
Revoked by
The Beef Special Premium Regulations 1996 (revoked)
Revoked on
1 January 1997
Made
8 July 1993
In force from
1 August 1993
Extent
Not stated

How this was established: the instrument was revoked by a later instrument found in this corpus.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations which apply in Great Britain come into force on 1st August 1993. They make provision for the administration and enforcement of the provisions for payment of premia for producers of male bovine animals, under Articles 4b and 4h of Council Regulation (EEC) No. 805/68 and other relevant provisions in Commission Regulations (EEC) Nos. 3886/92 and 3887/92 (which are all defined in regulation 2(1)) The Regulations– a specify that the national administrative document referred to in Article 3 of Commission Regulation 3886/92 shall take the form of a document accompanying each animal and make provision for the issue of such documents by the appropriate Minister (regulation 3); b prohibit the sale, offer or exposure for sale or possession for sale of an animal over three months old unless it is accompanied by a national administrative document or, in the case of an animal imported into Great Britain during the three months preceding such sale, a document or evidence of the type specified (regulation 4); c require the surrender to the appropriate Minister of a national administrative document on the death (however caused), loss, theft or export of an animal and make provision for the issue of a duplicate of such document in specified circumstances (regulation 5); d make provision for the issue of a duplicate or replacement national administrative document by the appropriate Minister in specified circumstances (regulation 6); e make provision for the making of applications for first premium and second premium (regulations 7 and 8); f enable an applicant to set the starting date for the commencement of the retention period (regulation 9); g require an applicant to retain specified records and other documents (regulation 10); h confer on authorised persons powers of entry and inspection as well as powers of seizure and retention of records and require that such assistance be given to them as they may reasonably request (regulations 11 and 12); i specify circumstances in which premium paid to an applicant may be recovered by the appropriate Minister and prescribe the rate of interest payable on amounts recovered in specified circumstances (regulations 13 and 14); and j create offences, prescribe penalties, specify time limits for bringing prosecutions and make provision for dealing with offences committed by corporate bodies and Scottish partnerships (regulations 15 to 18).

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 0.90.

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