UK Offence Report

2 Any person who cuts or trims an important hedgerow or who causes or permits another person to cut or trim…

regulation 7(2) of The Management of Hedgerows (England) Regulations 2024

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

2 Any person who cuts or trims an important hedgerow or who causes or permits another person to cut or trim an important hedgerow in contravention of regulation

6 commits 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 This is the text as originally made; later amendments are not shown here.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
contravening a requirement of the instrument
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 regulation 7(2)?

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 person cuts or trims an important hedgerow or who causes or permits another person to cut or trim an important hedgerow in contravention of regulation 6.
  2. Doing the thing the provision prohibits under the Management of Hedgerows (England) Regulations 2024, whatever the reason for doing it.
  3. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
Unlimited
Maximum prison (summary)
Not determined

'to a fine' with no stated maximum.

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
22 May 2024
In force from
23 May 2024
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 Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations make provision for the protection of hedgerows on agricultural land. Regulation 3 sets out the class of hedgerows to which the Regulations apply. Regulation 4 designates those hedgerows as “important” under section 97 of the Environment Act 1995 (c. 25). Regulation 5 imposes a general maintenance requirement in respect of important hedgerows. This is a duty on owners to take all reasonable steps to create and thereafter maintain green cover on land which is within two metres from the centre of the hedgerow and to not cultivate or apply fertilisers or pesticides on any such land except in the circumstances set out in, and for the reasons permitted by, that regulation. There are limited exceptions including for hedgerows on parcels of land of less than two hectares and in relation to land which is either side of an important hedgerow that marks the boundary of a dwelling house. Provision is also made for the staggered application, from 1st July 2024, of the maintenance requirements in regulation 5 depending on whether or not the agricultural land next to the important hedgerow in question is being used for crop production. Regulation 6 prohibits the cutting or trimming of an important hedgerow during the period beginning with 1st March in any year and ending on 31st August in that same year, inclusive of those dates, except in the limited circumstances described in that regulation. Regulation 7 makes it is an offence for any person to contravene the requirements of regulations 5 and 6 and any person doing so is liable to a fine on summary conviction in England and Wales. Regulation 8 provides for defences including where an offence has been committed due to the act or default of another person. Regulation 9 requires the Secretary of State, as Regulator, to enforce the requirements of regulations 5 and 6. Regulation 10, and the Schedules, provide for civil sanctions (including the issue of various notices) in respect of offences under regulation 7. Regulation 11 enables the Regulator to impose a monetary penalty for a failure to comply with a compliance notice or restoration notice. Regulation 12 enables the Regulator to recover the costs associated with the imposition a variable monetary penalty notice, a compliance notice, a restoration notice or a stop notice subject to a right of appeal on specified grounds. Regulation 13 enables the Regulator to recover by court order any amount by way of a variable monetary penalty, non-compliance penalty or enforcement costs. Regulation 14 enables the Regulator to withdraw or amend any notice issued at any time in writing. Regulation 15 provides a right of appeal to the First-tier Tribunal against any notice issued by the Regulator under these Regulations. The time limit which applies for these purposes, by virtue of provision in regulations 11(6) (non-compliance penalty notices) and 12(7) (enforcement cost recovery notices) of the Regulations and in paragraphs 3(1) (stop notices) and 6(1) (final notices) of Schedule 1 to the Regulations, is before the end of the period specified in the notice concerned which must not be less than 28 days. All notices, except stop notices, are suspended pending the determination of the appeal. The Tribunal may on appeal withdraw, confirm or vary any requirement of a notice or remit a matter to the Regulator for a decision. Regulations 16 and 17 require the Regulator to issue guidance, or revised guidance, in respect of the use of civil sanctions, including non-compliance penalties and cost recovery notices, and enforcement. Regulation 18 sets out the applicable consultation requirements. Regulation 19 requires the Regulator to publish a document regarding the use of civil sanction where a civil sanction has been accepted. Regulations 20 to 22 provide a right of entry and inspection of land or premises by an authorised person providing evidence of authority on request in connection with breaches of the requirements in regulations 5 and 6 or other non-compliance. Any person who wilfully obstructs an authorised person commits an offence and is liable, on summary conviction, to a fine. The Regulator may bring equipment or materials required for the inspection and the authorised person may make any necessary examination including searching and seizing items, requiring explanations, information or records and taking copies of documents. Regulation 23 contains a review provision. An impact assessment has not been produced for this instrument as no, or no significant impact, on the private or voluntary sector is foreseen.

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 0.92.

Basis
the provision says a person “commits 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