16 Any person who, without lawful authority or excuse, proof of which shall lie on him— a fails to comply…
article 16 of The Pigs (Records, Identification and Movement) Order 1995
- Revoked
- Requires proof of a state of mind
- Food, consumer protection, trading standards, product safety and age-restricted sales
The provision has been revoked and no saving provision preserving liability for earlier conduct was found.
What the provision says
16 Any person who, without lawful authority or excuse, proof of which shall lie on him—
a fails to comply with any obligation imposed on him by any provision of article 3, article 4, article 9, paragraph (2) of article 10, paragraphs (2) and (3) of article 11, and paragraph (7) of article 15, or
b knowingly causes or permits the doing of anything which is
a contravention of paragraph (a) above, or
c knowingly causes or permits the doing of anything which is declared by this Order not to be lawful, or
d makes any statement or gives any information for the purposes of this Order which he knows to be false in
a material particular or, for those purposes, recklessly makes
a statement or gives any information which is false in
a material particular, commits an offence against the Animal Health Act 1981.
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 This is the text as originally made; later amendments are not shown here.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
- making a false or misleading statement
- 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 (knowingly, 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, recklessly; qualified by lawful excuse (an element).
The defence, as drafted
16 Any person who, without lawful authority or excuse, proof of which shall lie on him— a fails to comply with any obligation imposed on him by any provision of article 3, article 4, article 9, paragraph (2) of article 10, paragraphs (2) and (3) of article 11, and paragraph (7) of article 15, or b knowingly caus
What would breach article 16?
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.
- Entering a figure on a form or return that is known to be wrong under the Pigs (Records, Identification and Movement) Order 1995.
- Leaving out something the form asks for, where the omission is what makes the answer misleading.
- Producing a document to an official that has been altered since it was issued.
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.
-
Sentencing organisations: fines and the means of a corporate defendant
All courts in England and Wales
How a fine on a company is arrived at from its turnover. Relevant far beyond the guidelines that state it, because a very large share of the offences in this corpus can only be committed by an organisation.
-
Health and safety offences, corporate manslaughter and food safety and hygiene offences: definitive guideline
Magistrates' courts and the Crown Court in England and Wales · in force from 1 February 2016
Covers breaches of duty under the Health and Safety at Work etc. Act 1974 and the regulations made under it, and food safety and food hygiene offences. Sentencing turns on culpability and on the seriousness and likelihood of harm risked, not only on the harm that happened.
-
Reduction in sentence for a guilty plea: definitive guideline
All courts in England and Wales · in force from 1 June 2017
The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.
-
General guideline: overarching principles
All courts in England and Wales · in force from 1 October 2019
The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.
-
Totality: definitive guideline
All courts in England and Wales
How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.
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 Pigs (Records, Identification and Movement) (Scotland) Order 2011
- Revoked on
- 1 October 2011
- Made
- 6 January 1995
- In force from
- 30 January 1995
- 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 Order) — the explanatory note published with the instrument, © Crown copyright.
This Order which is made under the Animal Health Act 1981 replaces the Movement and Sale of Pigs Order 1975 and, so far as they relate to pigs, the Movement of Animals (Records) Order 1960 and the Markets, Sales and Lairs Order of 1925. It also implements some of the requirements of Council Directive 92/102/EEC on the identification and registration of animals (O.J. No. L 355, 5.12.92, p.32), so far as they relate to pigs (articles 3(1)(a), 4(1)(a), 4(3), 5(1), and 5(3) of the Directive are relevant). The principal provisions of the Order are as follows: Each owner or keeper of pigs must supply information to the local Divisional Veterinary Officer about the holding and notify them of any changes in that information (article 3). A record of pig movements must be kept (in the form set out in Schedule 1 to the Order) and retained for 3 years. This record must include details of the identification marks of the pigs concerned (article 4). All pigs which are moved must be marked with an identification mark. This may be either a temporary mark or a permanent tattoo or ear tag. Pigs to be exported must be marked by a permanent tattoo or ear tag identifying the holding on which the mark was applied, a distinctive number allotted to the pig and the country code (UK). Pigs moved between holdings in Great Britain must be marked either as if for export or with a mark sufficient to identify them during the journey (articles 5 and 6). There is a prohibition on movement of pigs (other than slaughter pigs) between markets and collecting centres (article 7). Pigs may only be moved from a farm for certain purposes or returned to it if they are accompanied by a declaration made by the owner (article 9 and Schedules 2, 3 and 4). It is prohibited to move any pigs off premises within 20 days of the movement of any pigs onto those premises. This prohibition does not apply in the case of a number of exempted movements (article 8). Pigs may be moved from premises where waste food is kept only if they are accompanied by a declaration made by the owner or keeper and may be moved only to other premises in the same occupation or to a slaughterhouse for slaughter (article 10 and Schedule 5). Movement of pigs from a collecting centre is permitted if they are accompanied by a declaration (article 11 and Schedule 6). Movement of pigs from any other place is subject to licensing. Such licences are issued by the local authority or an inspector of the Minister (article 12 and Schedule 7). Sales of pigs and collecting centres are subject to licensing (articles 13 and 14). Market records are required (article 15). There are detailed provisions relating to licences, declarations and records (article 16). The forms of declaration and licence include requirements for cleansing and disinfection with an approved disinfectant of road vehicles used for moving pigs, impose restrictions upon the circumstances in which pigs can be moved in a road vehicle with other categories of pigs or with other things and on the transfer of pigs from one vehicle to another. Failure to comply with the Order is an offence under the Animal Health Act 1981 punishable under section 75 of that Act (article 19). A Compliance Cost Assessment has been prepared and a copy placed in the library of each House of Parliament.
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 “commits 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
- This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
- The Pigs (Records, Identification and Movement) Order 1995 Every offence this instrument creates, and its explanatory note
- Food, consumer protection, trading standards, product safety and age-restricted salesOther offences on the same subject
- Offences created in 1995