UK Offence Report

Supply of information

article 21(1) of The Sheep and Goats (Records, Identification and Movement) (England) Order 2005

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

1 Subject to paragraph (2), any keeper who fails to comply with Article 8(2) of the Council Regulation is guilty of an offence against the Animal Health Act 1981.

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 This is the text as originally made; later amendments are not shown here.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 keeper
Conduct
failing to do something the instrument requires
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 keeper 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 21(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. On these words an offence is committed where a keeper fails to comply with Article 8(2) of the Council Regulation.
  2. Not doing what the provision requires under the Sheep and Goats (Records, Identification and Movement) (England) Order 2005, by the time it requires it to be done.
  3. Doing it, but not in the manner or to the standard the instrument specifies.

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
Revoked
Revoked by
The Sheep and Goats (Records, Identification and Movement) (England) Order 2007
Revoked on
11 January 2008
Made
6 November 2005
In force from
30 November 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 Order) — the explanatory note published with the instrument, © Crown copyright.

This Order makes provision for the administration and enforcement in England of Council Regulation (EC) No. 21/2004 (establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No. 1782/2003 and Directives 92/102/EEC and 64/432/EEC). Part 2 of the Order deals with the identification of animals. It requires the application of two means of identification to an animal born or imported after 9th July 2005 and involved in intra-Community trade (articles 6, 8 and 10). It provides for animals that are not involved in intra-Community trade to be marked with an eartag at the holding of birth or import (articles 6 and 10) and for the national system of identification and tracing to operate when an animal is moved within the United Kingdom (article 7). The national system is approved by the Commission in accordance with Article 4(2)(d) of the Council Regulation (Commission Decision of 17/8/2005 temporarily recognising the systems for identification and registration of ovine and caprine animals in Great Britain and Northern Ireland, the United Kingdom, according to Article 4(2)(d) of Council Regulation (EC) No. 21/2004) and is set out in Schedule 1. Schedule 1 also applies to animals born on or before 9th July 2005 (article 7). Schedule 1, Part 1 requires flock or herd details to be entered in the register and movement document when an animal is moved from its holding of birth or import. It also provides for a movement tag to be attached to an animal before it is moved from a holding and for the movement tag code to be entered in the register and movement document. Paragraph 3 provides, alternatively, that the animal’s individual identification code is to be entered in the register and movement document. Schedule 1, Part 2 sets out the specific requirements that apply instead of the requirements of Part 1, for certain movements of animals. Paragraph 5 provides for an animal born on or before 9th July 2005 to be individually identified before it is moved, if it has not already been individually identified under previous legislation. Part 2 also covers the movement of animals to and from shows and exhibitions (paragraph 7), from markets (paragraph 8), to and from common land and for dipping or shearing (paragraph 9), to and from temporary grazing (paragraphs 10 and 11), to and from veterinary clinics (paragraph 12). It also covers movements of rams and goats intended for breeding (paragraphs 13, 14 and 15), and movements of animals to another member State (paragraphs 16 and 17). Articles 12 and 13 set out the provisions that apply when an animal loses a means of identification applied in accordance with the Council Regulation. Part 3 makes provision for the enforcement of Article 5 of the Council Regulation (the requirement for every keeper to keep an up-to-date register) and sets out the information that must be entered in the register (article 14), including the additional information that must be entered when an animal moves through a market or to a slaughterhouse (articles 15 and 16). Part 4 makes provision for the enforcement of Article 6 of the Council Regulation (the requirement for a movement document to accompany an animal whenever it moves between holdings) and sets out the information that must be entered in the movement document (article 17), including the additional information that must be entered by market operators (article 18). Article 19 provides that a copy of the movement document must be sent to the local authority. Part 5 provides for the enforcement of Article 8 of the Council Regulation (the requirement for a keeper to supply details to the Secretary of State about his holding) (articles 20 and 21). Part 6 deals with eartags. Article 22 provides that the Secretary of State will approve eartags. Articles 23 to 25 prohibit the removal of eartags or tattoos and also provide for the replacement of eartags and tattoos that are removed, lost or illegible. Article 26 prohibits the alteration, obliteration or defacing of an eartag, tattoo or electronic device. Article 27 prohibits the use of red eartags, other than R tags, and article 28 prohibits the use of a flockmark or herdmark, other than for the purposes of complying with this Order or the Council Regulation. Article 29 prohibits the consignment of an animal for intra-Community trade or export if it bears a replacement eartag or tattoo with the letter “R”. Article 30 provides defences to failing to apply an eartag to an animal and for moving an animal from a holding without applying the required eartag. Part 7 provides for the allocation of lot numbers to animals at a market and prohibits the buying or selling of animals unless all animals in the lot are bought or sold. Part 8 creates offences for receiving animals into England from another member State or another part of the United Kingdom if they are not properly identified and accompanied by a movement document. The Order is enforced by the local authority (article 35). 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 Regulatory Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from Terry Gurnhill, Department for Environment, Food and Rural Affairs, 1a Page Street, London SW1P 4PQ.

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