Contravention of The Pigs (Records, Identification and Movement) (Interim Measures) (England) Order 2002

the instrument as a whole of The Pigs (Records, Identification and Movement) (Interim Measures) (England) Order 2002

Revoked
Strict liability
Set by another provision
Agriculture, plant health, food production and rural affairs

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

Contravening this instrument is an offence under section
73 of the Animal Health Act 1981. The instrument itself contains no offence-creating words.

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 This is the text as originally made; later amendments are not shown here.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

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.

Classifier’s reasoning: contravention offences of this kind are strict as to the breach; the fault position is governed by the parent Act and was not read from it.

What would breach the instrument as a whole?

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.

Doing what the provision prohibits, or failing to do what it requires under the Pigs (Records, Identification and Movement) (Interim Measures) (England) Order 2002.

Penalty

Mode of trial: Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine: Not determined
Maximum prison (summary): Not determined

The instrument does not state a penalty itself. It sets one by reference to section 73 of the Animal Health Act 1981.

the penalty is in the parent Act, not in this instrument.

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.
Health and safety offences, corporate manslaughter and food safety and hygiene offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales · in force from 1 February 2016
Covers breaches of duty under the Health and Safety at Work etc. Act 1974 and the regulations made under it, and food safety and food hygiene offences. Sentencing turns on culpability and on the seriousness and likelihood of harm risked, not only on the harm that happened.
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 Pigs (Records, Identification and Movement)(Interim Measures) (England) (No. 2) Order 2002
Revoked on: 6 September 2002
Made: 7 February 2002
In force from: 11 February 2002
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 Order, which extends to England, provides that the Pigs (Records, Identification and Movement) Order 1995 (S.I. 1995/11, as amended) (“the principal Order”) shall be read for the specified period as if amended in certain respects. In particular, the Order inserts into the principal Order— a new article 5(3) that requires a pig being moved to an exhibition or show or for breeding purposes to be marked with a unique identification number (article 2(3)); a new article 7(2) that prohibits the movement of a pig to a slaughterhouse save for the purpose of slaughter within 48 hours of arrival there; the removal of a live pig from a slaughterhouse, and the return of a pig to a farm from a market for pigs intended for immediate slaughter (article 2(4)); a new article 8 that prohibits the movement of pigs off premises within 20 days of the movement of any animal on to those premises and sets out exemptions to that prohibition (article 2(5)); a new article 9 that requires a pig moved from a farm for certain purposes or returned to it to be accompanied by an appropriate declaration (article 2(6)); a requirement that a movement of a pig must be notified to the local authority within three days of that movement taking place (article 2(7) and Schedule); a new article 13 that prohibits the sale of pigs on a farm except in accordance with a licence issued by an inspector of the local authority (article 2(8)); and revised versions of the declarations to accompany movements of pigs in Schedules 2, 3, 4 and 6 and a revised version of the movement licence issued in accordance with article 12 and Schedule 7 (article 2(11) and Schedule). The Order also disapplies for the specified period article 14 (licensing of collecting centres) of the principal Order (article 2(9)). The definition of “animals” in the Animal Health Act 1981 is extended for the purposes of the application of that Act to the principal Order so as to cover elephants (article 2(10)). A regulatory impact assessment has not been prepared for this Order.

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 0.52.

Basis: the penalty comes from the enabling Act rather than from this instrument
Confidence: 0.52 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 Pigs (Records, Identification and Movement) (Interim Measures) (England) Order 2002 Every offence this instrument creates, and its explanatory note
Agriculture, plant health, food production and rural affairsOther offences on the same subject
Offences created in 2002