UK Offence Report

Contravention of The Tuberculosis (England) Order 2006

the instrument as a whole of The Tuberculosis (England) Order 2006

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.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 This is the text as originally made; later amendments are not shown here.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 Tuberculosis (England) Order 2006.

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
The Tuberculosis (England) Order 2007 (revoked)
Revoked on
6 April 2007
Made
17 February 2006
In force from
18 February 2006
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, which applies in England only, revokes and re-enacts the Tuberculosis (England) Order 2005 (SI 2005/3446). That Order revoked and remade, with alterations, the Tuberculosis (England and Wales) Order 1984 (SI 1984/1943). This Order revokes the 2005 Order with immediate effect and postpones until 27th March 2006 the coming into force of the other measures set out in the 2005 Order. In all other respects this Order reproduces the 2005 Order and incorporates the amendments to that Order which were made by the Tuberculosis(England) Amendment Order 2006 (SI 2006/140). The principal changes from the 1984 Order are as follows: A reactor is included within the definition of suspected animal rather than affected animal. The definition of premises which excluded places of temporary detention such as markets has been deleted. The definition of premises which applies to this Order is in the Animal Health Act 1981. The definitions of carcase and inspector and veterinary inspector are also in the Animal Health Act 1981. The definition of bovine animal has been changed to include buffalo and bison. Exclusions in the previous Order in relation to imported animals have been deleted. Notice of an affected or suspected animal under article 5 must be given to the Divisional Veterinary Manager, and should no longer be given to the local authority or the police. The duty to notify in relation to carcases in article 6 applies to all farmed animals, including bovine animals and also to pets. The forms A and B in schedule 1 of the previous Order have been deleted. Notices under this Order must comply with the general provisions in section 83 of the Animal Health Act 1981 and with the provisions of article 20. Article 20 also provides that licences under the Order may be general or specific. Article 8 clarifies the power of the Secretary of State to require tuberculosis testing by a certain date. This applies to routine testing of herds according to the testing frequency of the parish in which they are located, and also to additional testing which may be required for different purposes, for example where animals have been moved without pre-movement testing. Article 8 also clarifies the power of the Secretary of State to impose movement restrictions where there has been a failure to test by a date specified. Where a skin test has been administered but not yet read, or where a blood test has been taken but the result is not yet known, article 8(5) prohibits the movement of an animal until a negative test result has been obtained. It is an offence to interfere with any tuberculosis test (article 8(6)). Article 9 introduces a requirement to skin test bovine animals before they move from one premises to another. All bovine animals must be skin tested for tuberculosis with a negative result not more than 60 days before movement. This requirement does not apply to animals falling within one of the categories listed in article 9(2). The schedule to the Order sets out movements which are exempt from the requirement for pre-movement testing. In addition, a veterinary inspector retains discretion to authorise certain movements without pre-movement testing (article 11(b)). Article 10 imposes a duty to retain records of certain tuberculosis tests. Provisions relating to manure and slurry have been inserted into article 15 (precautions against spread of infection). Article 19 imposes a duty to notify the Veterinary Laboratories Agency of the presence of M.bovis where this has been isolated in any laboratory sample, except where it has been deliberately introduced in the course of research. The address of the Veterinary Laboratories Agency is: TB Diagnostic Laboratory, The Veterinary Laboratories Agency, Woodham Lane, New Haw, Addlestone, Surrey, KTl5 3NB. 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 for the 2005 Order has been prepared and placed in the library of each House of Parliament. Copies can be obtained from TB Division, Department for Environment, Food and Rural Affairs, 1A Page Street, London, SW1P 4PQ. A separate Regulatory Impact Assessment for this Order has not been prepared.

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 0.70.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.70 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