UK Offence Report

Title and commencement.

regulation 2(11) of The Sheep Annual Premium and Suckler Cow Premium Quotas (Amendment) 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

11 The following paragraph shall be inserted after paragraph (2) of regulation 16—

3 Any person who intentionally obstructs any officer such as is specified in paragraph (1) of regulation 15A of these Regulations in the exercise of his powers under that regulation shall be guilty of an offence and liable on summary conviction to

a fine not exceeding level

3 on the standard scale. .

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 This is the text as originally made; later amendments are not shown here.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
No statutory defence — prosecution proves everything

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (intentionally).

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: mens rea word in the offence-creating words: intentionally.

What would breach regulation 2(11)?

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 an offence is committed where a person intentionally obstructs any officer such as is specified in paragraph (1) of regulation 15A of these Regulations in the exercise of his powers under that regulation.
  2. Refusing to let an inspector onto premises they are entitled to enter under the Sheep Annual Premium and Suckler Cow Premium Quotas (Amendment) Regulations 1993.
  3. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  4. Physically blocking an examination, or removing something an officer has said they intend to inspect.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£1,000
Standard scale
Level 3
Maximum prison (summary)
Not determined

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
6 December 1993
In force from
7 December 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 (“the Regulations”) amend the Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 1993 (S.I.1993/1626) [“the 1993 Regulations—”]. Those last mentioned Regulations, which apply throughout the United Kingdom, make provision for the implementation in part of Articles 5a and 5b of Council Regulation (EEC) No.3013/89, Articles 4d to 4h of Council Regulation (EEC) No.805/68, Commission Regulation (EEC) No.3567/92 and Articles 22 to 45 of Commission Regulation (EEC) No.3886/92 (all defined in regulation 2(1) of the said Regulations). Articles 5a and 5b of Council Regulation (EEC) No.3013/89 and Commission Regulation (EEC) No.3567/92 establish a system of quotas for sheep annual premium; Articles 4d to 4h of Council Regulation (EEC) No.805/68 and Articles 22 to 45 of Commission Regulation (EEC) No.3886/92 establish a system of quotas for suckler cow premium. The Regulations (which likewise apply throughout the United Kingdom) make further provision for the implementation of the Community truments referred to above. The Regulations— insert two new regulations, 13A and 15A, into the 1993 Regulations; add a further paragraph, (3), to regulation 16 of the 1993 Regulations; add three Schedules (numbered 2 to 4) to the 1993 Regulations; make a number of amendments to the 1993 Regulations which are consequential upon the above insertions and additions; and correct a textual error in regulation 5(5) of the 1993 Regulations. The new regulation 13A lays down the principles governing allocations of sheep annual premium quota and suckler cow premium quota from— the national reserve for 1993 (a definition of which phrase is inserted by regulation 2(2)); and the national reserve for any given year later than 1993 (a definition of which phrase is also inserted by regulation 2(2)). The new regulation 15A gives specified persons a number of powers which may be used for the purpose of verifying an application for an application of quota from a particular national reserve. The new paragraph (3) of regulation 16 creates an offence (together with an associated penalty) in connection with the exercise of the powers referred to in paragraph 6 above. The new Schedule 2 (Parts I and II) lists the categories of person who, subject to the conditions referred to in paragraph 9 below, are eligible to be allocated quota from the various national reserves. The new Schedule 2 (Parts III to VI) lays down further conditions relating to the eligibility of the persons referred to in paragraph 8 above to be allocated quota from the various national reserves. The new Schedule 3 specifies how much quota is to be allocated to successful applicants for allocations of quota from the various national reserves, and the new Schedule 4 states when allocations of quota from those reserves— are to be effective; and are to be regarded as having been obtained for the purposes of Commission Regulation (EEC) No.3567/92 and Commission Regulation (EEC) No.3886/92.

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 0.92.

Basis
the provision says a person is “guilty of an offence”
Confidence
0.92 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