UK Offence Report

Duties of approved carriers

article 9(3) of The Pet Travel Scheme (Pilot Arrangements) (England) Order 1999

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

3 If the checks are carried out before the animal is taken on to the means of transport, it shall be an offence for the approved carrier to bring an animal into England in accordance with this Order unless it has carried out the checks in paragraph (1) above and is satisfied that the animal complies with the provisions of that paragraph.

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 This is the text as originally made; later amendments are not shown here.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 approved carrier
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 approved carrier 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 9(3)?

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 it is an offence to bring an animal into England in accordance with this Order unless it has carried out the checks in paragraph (1) above.
  2. Doing what the provision prohibits, or failing to do what it requires under the Pet Travel Scheme (Pilot Arrangements) (England) Order 1999.

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
Status not determined
Made
22 December 1999
In force from
17 January 2000
Extent
E

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 Order) — the explanatory note published with the instrument, © Crown copyright.

This Order, which extends to England, creates, in limited circumstances, an exemption from the requirements for pet cats and pet dogs imported into England to be placed in quarantine under the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974, S. I. 1974/2211. The Order does not extend to Wales or Scotland, but if an animal has been brought into England in accordance with this Order it can then be taken from England into Wales or Scotland. The animal must be transported by a carrier authorised by the Minister of Agriculture, Fisheries and Food using a route specified in the Order (article 4 and Schedule 1). It must be identified by a microchip, vaccinated against rabies, and must have had a blood test demonstrating that the vaccination was successful. Subject to an exemption for animals which have not left the British Islands or the Republic of Ireland prior to the submission of a blood sample to a recognised laboratory for testing, or have gone through quarantine or have been traded under Council Directive 92/65/EEC before that date, there must have been a six month delay between the date the sample was taken and importation (articles 5 and 6). All this must be carried out in one of the countries or territories specified in Schedule 2. It must have been vaccinated against ticks and the tapeworm Echinococcus multicularis in accordance with the Order, and must not have left the territories specified in Schedule 2 in the preceding six months. The animal must be accompanied by a health certificate relating to rabies and containing the information set out in Schedule 3, a certificate relating to ticks and Echinococcus multicularis, and a declaration of residence (article 7). The Minister will approve a transport undertaking as a carrier under this Order if he is satisfied that it is able to comply with the Order, and in particular the conditions in Schedule 5 (article 8). A carrier is under a duty to check that the correct documentation is carried and that the animal is imported in accordance with the Order (article 9). The Order imposes duties on passengers bringing in cats and dogs during the journey and on arrival (article 10) and gives powers to officers of the Minister and local authorities to stop vehicles and carry out searches (article 11). The Order makes consequential amendments to the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974. It also amends the 1974 Order in a way which is not consequential on this Order, so as to permit animals which will go into quarantine to be brought in at Cheriton through the Channel Tunnel (article 13). It contains transitional provisions for blood tests carried out before the Order is made (article 14). Failure to comply with a condition of the Order relating to importation of an animal is an offence under the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974. Breach of the Order otherwise is an offence under section 72 of the Animal Health Act 1981 punishable on conviction by a fine at level 5 on the standard scale (currently £5,000). A regulatory impact assessment 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, 1A Page Street, London SW1P 4PQ.

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 0.90.

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