2 It shall be an offence against the Act for any person other than a veterinary surgeon to make an entry in…

article 16(2) of The Horse Passports Order 1997

• Revoked
• Strict liability
• Dogs, animals, hunting and wildlife

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

2 It shall be an offence against the Act for any person other than

a veterinary surgeon to make an entry in sections V to VIII of

a horse passport.

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 This is the text as originally made; later amendments are not shown here.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

No statutory defence — prosecution proves everything

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.

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

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach article 16(2)?

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 Horse Passports Order 1997.

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.

• Animal cruelty: definitive guideline Magistrates' courts in England and Wales · in force from 1 July 2017

  Covers cruelty to and neglect of animals, and the associated disqualification and deprivation orders.

• 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 Horse Passports (Wales) Regulations 2005

Revoked on

9 February 2005

Made

20 November 1997

In force from

1 January 1998

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 establishes a system of identification documents (horse passports) for horses registered with recognised organisations and born in Great Britain. The Order specifies the form of those passports (Schedule). The Order implements article 8 of Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra-Community trade in equidae (OJ No. L224, 18.8.90, p.55), and Commission Decision 93/623/EEC establishing the identification document (passport) accompanying registered equidae (OJ No. L 298, 3.12.93, p.45). The Order is enforced by the local authority (article 17). A Regulatory Appraisal has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Animal Health (Disease Control) Division of the Ministry of Agriculture, Fisheries and Food, Government Buildings, Hook Rise South, Tolworth, Surbiton, Surrey KT6 7NF.

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.

• Horses Lords · 2 June 2003 · Lord Whitty

  My Lords, it is one of the options put forward in order to meet the criteria of the directive, but it was not one that was favoured by the industry. Therefore we have a double responsibility: first, not to gold plate legislation and secondly, to take into account the views of the industry in our drafting of the legislation. A number of questions were raised on our proposals, many of which are covered in the…

Other offences in the same instrument

• It shall be an offence against the Act for any person other than a person authorised by the recognised…article 16(1)

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

• This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
• The Horse Passports Order 1997 Every offence this instrument creates, and its explanatory note
• Dogs, animals, hunting and wildlifeOther offences on the same subject
• Offences created in 1997