UK Offence Report

Contravention of Disease Control (Interim Measures) (England) Order 2003

the instrument as a whole of Disease Control (Interim Measures) (England) Order 2003

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.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 This is the text as originally made; later amendments are not shown here.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.

  1. Doing what the provision prohibits, or failing to do what it requires under the Disease Control (Interim Measures) (England) Order 2003.

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.

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
Disease Control (Interim Measures) (England) (No. 2) Order 2003
Revoked on
30 May 2003
Made
10 February 2003
In force from
4 March 2003
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 Regulations) — the explanatory note published with the instrument, © Crown copyright.

This Order revokes and replaces the Disease Control (Interim Measures) (England) (No. 2) Order 2002. It provides that cattle, deer, goats pigs and sheep may not be moved without a licence, and provides that these animals (with the exception of deer) may not be moved from premises if cattle, goats or sheep have been moved on to those premises in the previous 6 days, or if pigs have been moved on in the previous 20 days. It also provides for exceptions from these requirements (article 3 and Schedules 1 and 2). It controls movement of animals to slaughterhouses (article 4) and provides for sets of premises to be linked together as sole occupancy groups (article 5). It makes provisions for licences, permits and authorisations, and empowers the Secretary of State to serve notices removing individual premises or people from operating under a general licence (articles 6 to 12). It provides for disinfection of vehicles (article 13). It provides for change of occupation of premises affected by the Order (article 14). It is enforced by the local authority (article 15). Breach of the Order is an offence under section 73 of the Animal Health Act 1981, punishable in accordance with section 75 of that Act. A partial regulatory impact assessment is being prepared for this Order and will be placed in the library of each House of Parliament as soon as it is available. Copies will be available from the Department for Environment, Food and Rural Affairs, Animal Movements and Exotic Diseases Division, 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 0.54.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.54 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