Contravention of The Diseases of Poultry (Wales) Order 2003

the instrument as a whole of The Diseases of Poultry (Wales) Order 2003

Status not determined
Strict liability
Set by another provision
Dogs, animals, hunting and wildlife

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 This is the text as originally made; later amendments are not shown here.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

Doing what the provision prohibits, or failing to do what it requires under the Diseases of Poultry (Wales) Order 2003.

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.

Animal cruelty: definitive guideline Magistrates' courts in England and Wales · in force from 1 July 2017
Covers cruelty to and neglect of animals, and the associated disqualification and deprivation orders.
Reduction in sentence for a guilty plea: definitive guideline All courts in England and Wales · in force from 1 June 2017
The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.
General guideline: overarching principles All courts in England and Wales · in force from 1 October 2019
The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.
Totality: definitive guideline All courts in England and Wales
How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.

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: 9 April 2003
In force from: 12 April 2003
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 Order (read with the Animal Health Act 1981) further implements Council Directive 92/40/EEC introducing Community measures for the control of avian influenza and Council Directive 92/66/EEC introducing Community measures for the control of Newcastle disease (“the Directives”). The Directives were previously implemented by the Diseases of Poultry Order 1994 (“the 1994 Order”) and the Diseases of Poultry (Amendment) Order 1997, both revoked by this Order. The application of the Order is extended to ratites in accordance with the Directives. This Order also extends provisions in article 5A of the 1994 Order (relating to surveillance powers and movement restrictions) to diseases of birds and to species of birds not covered by the Directives. These provisions have been recast and are included in articles 5 and 6 of this Order. Articles 1 to 3 of the Order contain introductory and interpretation provisions. Article 4 provides for the notification of certain diseases and for the taking of precautionary measures when disease is suspected. Article 5 sets out restrictions which may apply if any disease is suspected or known to exist or where birds are suspected of having been exposed to the risk of disease. Article 6 provides for veterinary inquiry into the existence of disease. Article 7 sets out restrictions which apply where disease is confirmed. Restrictions referred to in articles 4, 5 and 7 are set out in Schedule 1. Article 8 sets out the duties of occupiers and persons in charge of premises served with a notice under the Order. Article 9 provides for the declaration by the National Assembly for Wales or the Secretary of State of an infected area where disease has been confirmed. Restrictions applicable in an infected area are set out in Schedule 2. Article 10 allows the National Assembly for Wales or the Secretary of State to require vaccination of poultry. Article 11 sets out restrictions applicable to racing pigeons. Article 12 contains provisions on cleansing and disinfection. Article 13 relates to the keeping of records and article 14 to licences. Article 15 sets out the general powers of veterinary inspectors under the Order. Article 16 provides for the Order to be enforced generally by local authorities. Article 17 revokes the Diseases of Poultry Order 1994 and the Diseases of Poultry (Amendment) Order 1997 insofar as they apply to Wales. Failure to comply with this Order is an offence under section 73 of the Animal Health Act 1981. A Regulatory Appraisal under the Government of Wales Act 1998 has not been prepared for this Order.

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 0.55.

Basis: the penalty comes from the enabling Act rather than from this instrument
Confidence: 0.55 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

This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
The Diseases of Poultry (Wales) Order 2003 Every offence this instrument creates, and its explanatory note
Dogs, animals, hunting and wildlifeOther offences on the same subject
Offences created in 2003