UK Offence Report

False statements

regulation 11 of The Moorland (Livestock Extensification) Regulations 1995

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 If any person, for the purposes of obtaining for himself or any other person any aid under these Regulations, knowingly or recklessly makes

a statement which is false in

a material particular, that person shall be guilty of an offence and liable, on summary conviction, to

a fine not exceeding level

5 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 This is the text as originally made; later amendments are not shown here.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
making a false or misleading statement
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 (knowingly, knowingly or recklessly, recklessly).

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: knowingly, recklessly, knowingly or recklessly.

What would breach regulation 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. Entering a figure on a form or return that is known to be wrong under the Moorland (Livestock Extensification) Regulations 1995.
  2. Leaving out something the form asks for, where the omission is what makes the answer misleading.
  3. Producing a document to an official that has been altered since it was issued.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£5,000
Standard scale
Level 5
Maximum prison (summary)
Not determined

this is the level 5 value when the instrument came into force (1995-04-18); the standard scale is keyed to the date the offence was committed, and for conduct today the same words mean an unlimited fine.

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
22 March 1995
In force from
18 April 1995
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 allow the Minister of Agriculture, Fisheries and Food (“the Minister”) to make payments of aid, in accordance with the Regulations, to farmers who reduce their flocks of ewes (regulation 3). The Regulations comply with Council Regulation (EEC) No. 2078/92 (OJ No. L215, 30.7.92, p.85) on agricultural methods compatible with the requirements of protection of the environment and the maintenance of the countryside (“the Agri-environmental Regulation”). Payment will be at the rate of £25 for each ewe by which the flock is reduced calculated in accordance with the Regulations (regulation 8). The rate of payment may be reviewed. Aid will be available to farmers who have participating production units (defined in regulation 2(1)) which are within the areas indicated on maps deposited at the offices of the Ministry of Agriculture, Fisheries and Food, Whitehall Place, London SW1A 2HH. The areas included are all “disadvantaged land” or “severely disadvantaged land” for the purposes of the Hill Livestock (Compensatory Allowances) Regulations 1994 (S.I. 1994/2740) but do not inlcude any environmentally sensitive area designated under section 18 of the Agriculture Act 1986 (c. 49). Applicants for aid are required to give undertakings to the Minister set out in regulation 3 and the Schedule. The undertakings relate to the stocking density of specified animals on “eligible moorland” on “participating production units”; to the management of “participating production units” and “eligible moorland” on them, and to the number of “ewes” kept. The undertakings are for an “extensification period” of 5 years (all quoted terms are defined in regulation 2(1)). The number of ewes kept on the holding may be increased above the level specified in the undertakings only with the permission of the Minister given in accordance with regulation 6. Regulation 4 provides for information and evidence which should be included in or accompany applications. The Minister must acknowledge applications. Regulation 5 specifies circumstances in which the Minister can or must refuse to accept an application. Regulation 7 makes provision for changes in occupation of the land subject to the undertakings (including on the death of the person who gave the undertakings). It enables the Minister, in accordance with the regulation, to accept undertakings from a new occupier for the remainder of the extensification period. It specifies circumstances where the Minister may treat the undertakings by the original occupier as terminated and recover all or part of any aid already paid if undertakings are not given by the new occupier within 3 months of a change of occupation. By regulation 9, successful applicants for aid and those who have given undertakings under regulation 7 must allow a person authorised by the Minister and speicified other persons to enter the land for the purpose of monitoring of compliance by farmers with the undertakings and of the effectiveness of the schemes; Reasonable assistance must be rendered to such persons. Where a person who has given undertakings fails to comply with them, or there is failure without reasonable excuse to comply with the requirements of regulation 9, the Minister may treat the undertakings as terminated and withhold or recover all or part of any aid due or paid. In the case of failure to comply with an undertaking, the Minister may only withhold or recover aid after providing written reasons for his proposed action, affording an opportunity to be heard by a person appointed by the Minister for the purpose, and considering the report of the appointed person (regulation 10). In accordance with regulation 10(4) and (5), the Minister may also treat the undertakings as terminated — but not recover or withhold aid in respect of a period which has passed — where he is satisified that the aid would duplicate other assistance. Regulation 11 creates an offence in relation to making false statements. Producers who give undertakings under the Regulations will be participating in an extensification programme in accordance with the measure referred to in Article 2(1)(c) of the Agri-environmental Regulation. The Regulations permit the transfer and temporary lease of rights referred to in the first indent of the second paragraph of Article 7(4) of Commission Regulation (EEC) 3567/92 (OJ No. L362, 11.12.92, p.41, amended by Commission Regulation (EEC) 1720/94, OJ No. L181, 15.7.94, p.6) laying down detailed rules for the application of the individual limits, national reserves and transfer of rights in the sheepmeat and goatmeat sector. The said second paragraph will therefore apply subject to the disapplication in the said first indent. The Regulations apply to England only.

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 0.92.

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