UK Offence Report

Offences and penalties

regulation 7(2) of The Fish Producers' Organisations (Formation Grants) Regulations 1999 (revoked)

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

2 If an organisation fails to comply with any requirement imposed by regulation 5(1), or intentionally obstructs

a person appointed as mentioned in that regulation (or

a person accompanying him and acting on his instructions) acting for the purpose of that regulation, it 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 This is the text as originally made; later amendments are not shown here.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 7(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. Refusing to let an inspector onto premises they are entitled to enter under the Fish Producers' Organisations (Formation Grants) Regulations 1999.
  2. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  3. 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
12 April 1999
In force from
4 May 1999
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 give effect in the United Kingdom to the relevant provisions of Council Regulation 3759/92/EEC on the common organisation of the market in fishery and aquaculture products (OJ No. L388, 31.12.92, p. 1), Council Regulation 3140/82/EEC on granting and financing aid granted by Member States to producers' organisations in the fishery products sector (OJ No. L331, 26.11.82, p. 7), Commission Regulation 1452/83/EEC defining the administrative expenses of producers' organisations in the fishery products sector (OJ No. L149, 7.6.83, p. 5) and Council Regulation 2468/98/EC laying down the criteria and arrangements regarding Community structural assistance in the fisheries and aquaculture sector and the processing and marketing of its products (OJ No. L312, 20.11.98, p. 19), which together govern the payment of formation grants to fish producers' organisations. The Regulations enable the appropriate fisheries Minister to pay to a recognised fish or, for the first time, aquaculture producers' organisation an annual grant in respect of the administrative expenses incurred on its formation and during its operation for a period of three years following the date on which that organisation was recognised (regulation 3). The Regulations contain provisions relating to the method of application for grant (regulation 4). In addition, they require an organisation to which grant is paid to preserve and make available for inspection by the proper authorities its records relating to an application for grant under the Regulations, and enable other conditions to be imposed (regulation 5). The Regulations specify circumstances in which demand may be made for the recovery of grant (regulation 6) and in which offences are committed (regulations 7 and 8). The Regulations revoke, subject to a transitional saving, the provisions of the Fish Producers' Organisations (Formation Grants) Scheme 1982 (S.I. 1982/498) and the Fish Producers' Organisations (Formation Grants) (Amendment) Scheme 1985 (S.I. 1985/987), which are consolidated and extended by the Regulations (regulation 9).

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