UK Offence Report

Contravention of The Tuberculosis (England) Order 2007

the instrument as a whole of The Tuberculosis (England) Order 2007 (revoked)

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

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 This is the text as originally made; later amendments are not shown here.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 2007.

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
Status not determined
Made
8 March 2007
In force from
6 April 2007
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Order) — the explanatory note published with the instrument, © Crown copyright.

This Order revokes and re-makes the Tuberculosis (England) Order 2006 (SI 2006/394). The principal changes are as follows— The movements set out in the Schedule have been simplified. Permitted movements have been incorporated into article 9 (pre-movement testing). Article 11 gives the Secretary of State power to approve a market to receive and sell, along with other bovine animals, those which have been moved without a pre-movement test under article 9(3)(a) (exempt markets). Exempt market operators will have to separate animals in the exempt market from those which are present on other parts of the premises where the exempt market is located. No person may purport to operate an exempt market without an approval or move any animal from an exempt market other than to a permitted destination. Article 12 gives the Secretary of State power to approve finishing units for receiving, along with other bovine animals, those which are moved without a pre-movement test under article 9(3)(a) (exempt finishing units). It also gives the Secretary of State power to approve finishing units and collecting centres for receiving bovine animals that are moving under licence from herds under movement restriction imposed under article 14(b) (approved finishing units and approved collecting centres). Approved finishing units and approved collecting centres are also permitted destinations for animals which have been moved without a pre-movement test under article 9(3)(a). Operators must separate animals in or entering the finishing unit or collecting centre from those which are present on other parts of the premises where that finishing unit or collecting centre is located. No person may purport to operate an exempt finishing unit, an approved finishing unit or an approved collecting centre without an approval or move any animal from exempt or approved finishing units or approved collecting centres other than direct to slaughter, unless licensed to do otherwise. Article 13 (prohibitions) now prohibits interference with or obstruction of the application or the reading of a relevant test. Article 14 includes a power to require bovine animals to be isolated. Articles 16 and 17 specify the use of an approved disinfectant, being a disinfectant that is approved for use against bovine tuberculosis in accordance with the Diseases of Animals (Approved Disinfectants) Order 1978 (S.I. 1978/32). Article 20 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 main address of the Veterinary Laboratories Agency is: TB Diagnostic Laboratory, The Veterinary Laboratories Agency, Woodham Lane, New Haw, Addlestone, Surrey, KTl5 3NB. Other addresses are available from the Defra website. Failure to comply with this Order is an offence under section 73 of the Animal Health Act 1981 (c. 22) punishable in accordance with section 75. A Regulatory Impact Assessment for this 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.

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