UK Offence Report

1 Failure to comply with either of the following is an offence— a a notice served under article 10(3), b…

article 16(1) of The Non-Commercial Movement of Pet Animals Order 2011

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

1 Failure to comply with either of the following is an offence— a a notice served under article 10(3), b article 11(1), except where article 11(2) applies.

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 This is the text as originally made; later amendments are not shown here.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

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 16(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 there is failure to comply with either of the following.
  2. Not doing what the provision requires under the Non-Commercial Movement of Pet Animals Order 2011, 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
Status not determined
Made
6 December 2011
In force from
1 January 2012
Extent
E+W+S

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 makes provision for the administration and enforcement of the following EU instruments in Great Britain— Commission Decision 2003/459/EC on certain protection measures with regard to monkey pox virus (OJ No L 154, 21.6.2003, p112), Regulation (EC) No 998/2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC (OJ No L 146, 13.6.2003, p1), Commission Decision 2006/146/EC on certain protection measures with regard to certain fruit bats, dogs and cats coming from Malaysia (Peninsula) and Australia (OJ No L 55, 25.2.2006, p44), Commission Decision 2007/25/EC as regards certain protection measures in relation to highly pathogenic avian influenza and movements of pet birds accompanying their owners into the Community (OJ No L 8, 13.1.2007, p29), and Commission Delegated Regulation (EU) No 1152/2011 supplementing Regulation (EC) No 998/2003 of the European Parliament and of the Council as regards preventive health measures for the control of Echinococcus multilocularis infection in dogs (OJ No L 296, 15.11.2011, p6). This Order revokes and replaces the Non Commercial Movement of Pet Animals (England) Regulations 2004 (S.I. 2004/2363) and the Pet Travel Scheme (Scotland) Order 2003 (S.S.I. 2003/229). Part 1 is introductory and includes definitions and designates the administrative authorities responsible for various functions under the Order. Part 2 concerns the preventive health measures that apply to the movement of pet animals to Great Britain to protect against the risk of the introduction of rabies, Echinococcus multilocularis (tapeworm), Hendra disease, Nipah disease and highly pathogenic avian influenza into Great Britain. Article 5(1)(a) operates so as to exempt a pet dog, cat or ferret from the provisions of the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 (S.I. 1974/2211) (“the 1974 Order”) provided the pet dog, cat or ferret is brought into Great Britain on a carrier that is approved under article 11 and meets all preventive health measures that are applicable to that animal. Pet rodents and rabbits (as well as certain other species) brought to Great Britain from another member State or other European country listed in Part B of Annex II to Regulation (EC) No 998/2003 are also exempt from the provisions of the 1974 Order, as are pet animals brought to Great Britain from Northern Ireland, the Channel Islands or the Isle of Man (article 5(1)(b) and (c)). A pet bird brought to Great Britain from a third country (subject to certain exceptions) which does not comply with the preventive health measures in Commission Decision 2007/25/EC may be re-exported, detained in quarantine or destroyed (article 10). Part 3 requires carriers that land pet dogs, cats and ferrets in Great Britain to be approved, subject to certain exceptions, and makes provision regarding the suspension or withdrawal of carrier approvals. Part 4 contains provisions relating to enforcement. The Order is enforceable by local authorities (article 13). Authorised officers are given powers to require compliance with the Order, including powers of entry and seizure. Offences listed in article 16(1) are punishable on summary conviction with a fine only. Offences listed in article 16(2) relating to obstruction of authorised officers or falsification of documentation are punishable on summary conviction with a fine or up to three months’ imprisonment. Owners of pet dogs, cats or ferrets that are not brought into Great Britain on an approved carrier (subject to certain exceptions) and in accordance with the preventive health measures applicable to that animal may also be subject to the offences in article 16 or 17 of the 1974 Order. Part 5 provides a transitional arrangement for pet dogs, cats and ferrets already detained and isolated in quarantine on the coming into force of this Order and deals with amendments to other legislation, principally the 1974 Order. In particular, the 1974 Order has been amended to require all pet dogs, cats and ferrets that are subject to, but do not comply with, Article 5 or 8 of Regulation (EC) No 998/2003 and, where applicable, Commission Delegated Regulation (EU) No 1152/2011 when entering Great Britain to be detained in quarantine and to prohibit their release until they comply with those requirements. The 1974 Order has also been amended to reduce the quarantine period for rabies-susceptible animals (other than animals subject to Article 5 or 8 of Regulation (EC) No 998/2003) from 6 months to 4 months and to give a discretionary power to the appropriate authorities to reduce or waive the 4-month quarantine period if satisfied that the release of an animal from quarantine will present negligible risk of the introduction of rabies into Great Britain. Article 22 requires the Secretary of State to review the operation and effect of this Order in Great Britain and publish a report within five years of 1st January 2012 and within every five years after that. A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available on the Defra website at www.defra.gov.uk, and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

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 0.88.

Basis
the provision says the conduct “is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.88 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