UK Offence Report

Offences and penalties

regulation 12(1) of The Common Agricultural Policy Single Payment and Support Schemes (Integrated Administration and Control System) Regulations 2005

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

1 Any person who— a intentionally obstructs— i an authorised person; or ii a person accompanying an authorised person pursuant to regulation 10(4); or b without reasonable cause fails to comply with a request made under regulation 11, 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 This is the text as originally made; later amendments are not shown here.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
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 12(1)?

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 Common Agricultural Policy Single Payment and Support Schemes (Integrated Administration and Control System) Regulations 2005.
  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
Either way — magistrates’ court or Crown Court
Maximum fine
£1,000
Standard scale
Level 3
Maximum prison (summary)
3 months
Maximum prison (on indictment)
2 years

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 Common Agricultural Policy Single Payment and Support Schemes (Integrated Administration and Control System) Regulations 2009 (revoked)
Revoked on
1 January 2010
Made
1 February 2005
In force from
1 March 2005
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.

These Regulations apply throughout the United Kingdom. They make provision for the implementation of Council Regulation (EC) No. 1782/2003 (O.J. No. L 270, 21.10.2003, p.1) (the “Council Regulation”) in relation to establishing an integrated administration and control system (“IACS”) for direct support schemes under the common agricultural policy. In addition these Regulations implement certain provisions of Commission Regulation (EC) No 796/2004 (O.J. No. L 141, 30.4.2004, p.18) (“Commission Regulation 796/2004”) laying down detailed rules for the implementation of the integrated administration and control system and Commission Regulation (EC) No 1973/2004 (O.J. No. L 345, 20.11.2004, p1) (“Commission Regulation 1973/2004”) laying down detailed rules as regards the support schemes provided for in Titles IV and IVa of the Council Regulation and the use of land set aside for the production of raw materials. These Regulations– a designate the Secretary of State, the Scottish Ministers, the National Assembly for Wales and in Northern Ireland the Department of Agriculture and Rural Development, acting jointly, as the authority responsible for coordinating the checks referred to in the Council Regulation (regulation 3); b make provision for determining which competent authority is the authority for the purposes of the single application for direct payments (regulations 4 and 5); c provide that the last day on which the single application may be submitted to the competent authority for any IACS year is the 15th May immediately preceding the commencement of that year (regulation 6); d prescribe the minimum size of an agricultural parcel in respect of which the single application may be made (regulation 7) (except for land set aside pursuant to an obligation under Article 54 of the Council Regulation which is the subject of The Common Agricultural Policy Single Payment Scheme (Set-Aside) Regulations 2004. (S.I. 2004/ 3385)). e provide for the reimbursement of specified payments to be recoverable as a debt and provide for the calculation of interest (regulations 8 and 9); f confer on authorised persons of the competent authority powers of entry and other powers for the purposes of the Regulations and require that such assistance be given to the authorised person for the exercise of their powers as they may reasonably request (regulations 10 and 11); g create offences and penalties (regulation 12); h provide powers for competent authorities to enter into agency arrangements with each other, and to provide for the sums recoverable by one competent authority to be set off against the sums payable as a specified payment by another competent authority (regulations 13 and 14). These Regulation revoke the Integrated Administration and Control System Regulations 1993 (S.I. 1993/1317) and their amending Regulations which implemented Council Regulation (EEC) No 3508/92 which established for the first time an integrated administration and control system for certain Community aid schemes in the agriculture sector. The Integrated Administration and Control System Regulations 1993 will continue to apply for certain purposes in respect of applications for direct payments in respect of calendar years preceding 2005. A full regulatory impact assessment on the effect that the Single Payment Scheme will have on the costs of business is available from the Defra Information Resource Centre, Lower Ground Floor, Ergon House, c/o Nobel House, 17 Smith Square, London SW1P 3JR, or at www.defra.gov.uk/corporate/consult/capsinglepayment/index.htm.

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