UK Offence Report

Suspension notices and orders

regulation 14(5) of The Bovines and Bovine Products (Trade) Regulations 1998

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

5 As soon as reasonably practicable after the making of a suspension order, an inspector shall— a serve a copy of the order on the proprietor of the business; and b affix a copy of the notice in a conspicuous position on such premises used for the purpose of that business as the inspector considers appropriate; and any person who knowingly contravenes such a notice shall be guilty of an offence.

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 This is the text as originally made; later amendments are not shown here.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
contravening a requirement of the instrument
Fault element
Mixed — some elements strict, some not
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove the conduct, and - for those elements the provision qualifies (knowingly) - the state of mind it names. The remaining elements carry no fault requirement, so they are strict.

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

Classifier’s reasoning: both a mens rea word and an objective standard appear in the offence itself.

What would breach regulation 14(5)?

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 knowingly contravenes such a notice.
  2. Doing the thing the provision prohibits under the Bovines and Bovine Products (Trade) Regulations 1998, whatever the reason for doing it.
  3. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

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 Bovines and Bovine Products (Trade) Regulations 1999
Revoked on
1 May 1999
Made
29 April 1998
In force from
1 May 1998
Extent
E+W+S

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 give effect in Great Britain to Council Decision 98/256/EC on emergency measures to protect against bovine spongiform encephalopathy in relation to the despatch to third countries and member States of bovine animals and embryos and meat and other products and by-products derived from bovine animals. The Regulations revoke and replace the Bovines and Bovine Products (Despatch Prohibition and Production Restriction) Regulations 1997. Together with the equivalent Regulations in Northern Ireland, the Regulations make provision for derogations from the despatch abroad prohibitions in respect of the Northern Ireland meat and products eligible for the Export Certified Herds Scheme and the despatch of meat, products and by-products produced in Great Britain from imported beef. The Regulations make further provision in respect of controls on products and by-products produced from UK-slaughtered bovine animals. Regulation 3 makes provision in relation to the trade in live bovine animals and products and by-products derived from bovine animals. Regulation 3(1) prohibits the despatch from Great Britain to another member State or a third country (and bringing to any place in Great Britain or consigning for the purpose of such despatch) of bovine animals or bovine embryos, meat meal, bonemeal and meat and bonemeal derived from mammals and animal feed or fertiliser containing meat meal, bonemeal and meat and bonemeal derived from mammals. Regulation 3(2) provides that the prohibitions do not apply in respect of food for domestic carnivores containing mammalian meat meal, bonemeal and meat and bonemeal originating from outside the United Kingdom which has been prepared in an establishment approved under regulation 7 in accordance with the requirements of the approval. Regulation 3(3) prohibits, subject to regulation 3(4) and (5), the despatch from Great Britain to a member State or a third country of meat derived from bovine animals slaughtered in the United Kingdom, products derived from such animals which are liable to enter the human food or animal feed chains or material derived from animals slaughtered in the United Kingdom which is destined for use in cosmetics or medical or pharmaceutical products. It also prohibits the bringing of any of those products, meat or materials to any place in Great Britain, or consigning them, for the purpose of despatch abroad. Regulation 3(4) provides that these prohibitions do not apply to eligible goods which satisfy the requirements applicable to those goods in regulation 3(7) of the Northern Ireland Regulations. Regulation 3(5) and regulation 5 make provision in relation to the despatch of “controlled bovine by-products”, defined in regulation 2(1), and the registration of establishments used for their production. Regulations 3(6) and 7 make provision in relation to the despatch from Great Britain to another member State or a third country of “relevant goods”, defined in regulation 2(1), and the approval of establishments used for their production. Regulations 4(1) and (2) make provision in respect of the production of gelatin and collagen, derived from bovine animals, which are liable to enter the human food or animal feed chain or are destined for use in cosmetics or medical or pharmaceutical products. Regulation 4(3) prohibits the consignment of material containing bovine vertebral column to establishments registered under regulation 5. Regulation 4(4) provides for offences in relation to the despatch abroad of imported fresh meat, and its consignment and movement for that purpose, without an official veterinary certificate. Regulations 4(5) and (6) provide offences in relation to the consignment and movement of the imported products and by-products referred to in article 8(e) of the Council Decision (and raw materials for use in their production). Regulations 4(7) and (8) provide offences in relation to the consignment and movement of the products and by-products referred to in article 5 of the Council Decision. Regulation 4(9) prohibits the placing in the market in Great Britain of fresh meat, minced meat, meat preparations or meat products which bear, or are labelled or packaged with, an additional mark or the equivalent mark approved under the Northern Ireland Regulations. Regulation 6 makes provision in relation to the use of controlled bovine by-products and other products in the production of products liable to enter the human food or animal feed chains or destined for use in cosmetics, medical or pharmaceutical products. Regulation 8 makes provision for the Minister to charge reasonable fees in respect of costs reasonably incurred by him or on his behalf in connection with the issue of health certificates, the application of the additional mark and official seals, the registration and approval of establishments and the inspection or supervision of establishments registered or approved under the Regulations. Regulation 9(1) confers on inspectors and customs officers powers to stop and search vehicles and vessels at ports. Regulation 9(2) confers powers on them to search vehicles and vessels at any place at which they reasonably suspect them of carrying goods which are illegal, as defined in regulation 9(5), for example goods which have been produced in contravention of the Regulations or the despatch of which to other member States or third countries is prohibited. Regulation 9(3) enables inspectors and customs officers to detain goods for up to 3 working days where they have exercised their powers of stop and search under regulation 9(1), or their power of search under regulation 9(2), and they reasonably suspect the goods may be illegal as defined in regulation 9(5). Regulation 9(4) provides that the goods detained shall be dealt with at the direction of the inspector or customs officer detaining them and at the expense of the person in control of the consignment. Regulation 10 provides powers of entry to premises. Regulation 11 provides power to seize goods. It also makes provision for the destruction of a consignment of goods where there is a risk of them being dealt with illegally. Regulation 12 provides for sampling and other checks and examinations. Regulation 13 confers power on customs officers to detain vehicles and vessels. Regulation 14 makes provision for suspension notices and orders, suspending the use of business premises for the receipt or despatch of the goods referred to in regulation 14(1). Regulation 15 provides offences of obstruction. Regulation 16 provides the penalties for the offences in regulations 14(4) and 14(5), provides that contravention of any other provision of the Regulations is an offence and provides the penalties on conviction of the offence. Regulation 17 makes provision in relation to offences by bodies corporate and Regulation 18 makes provision for offences due to the fault of another person and the defence of due diligence. Regulation 19 provides that the Regulations are enforced by the Minister and local authorities, as defined in regulation 2(1), and regulation 20 makes provision for the service of notices and other documents. Schedule 1 sets out the required methods of operation for establishments preparing XAP relevant goods. Schedule 2 makes provision for the additional mark and Schedule 3 makes provision for official seals. A Regulatory Appraisal has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the International Trade Unit of the Animal Health (BSE) 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

Other offences in the same 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