UK Offence Report

Contravention of The Disease Control (Wales) Order 2003

the instrument as a whole of The Disease Control (Wales) Order 2003

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.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 This is the text as originally made; later amendments are not shown here.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

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 Pigs (Records, Identification and Movement) (Wales) Order 2011
Revoked on
25 November 2011
Made
29 July 2003
In force from
1 August 2003
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 revokes and replaces the Disease Control (Interim Measures) (Wales) (No.2) Order 2003. It changes the provisions of that Order as follows - It removes the cessation provision so that the Order now has permanent effect (article 1); It amends the provisions relating to the standstill period so that the arrival of a pig triggers a 20 day standstill on any pigs on the premises and a 6 day standstill on any cattle, goats and sheep (article 3); It amends Schedule 2 so that movements of animals on to premises licensed under the Animal Gatherings Order 2003 do not trigger the standstill period; It adds paragraph 12 to Schedule 1 (movement of rams and bulls for breeding) and paragraphs 6, 7 and 8 (provisions concerning breeding rams, bulls and goats) to Schedule 2. Part 2 of the Order provides that cattle, goats, and sheep, may not be moved from premises if specified animals have been moved on to those premises in the previous 6 days (article 4). It also provides that pigs may not be moved from premises if pigs have been moved on to those premises in the previous 20 days or cattle, goats, or sheep have been moved on to those premises in the previous 6 days (article 5). It provides for exceptions from these requirements (articles 6, 7 and 8 and Schedules 1 and 2). Schedule 1 lists the movements off premises which are permitted during the standstill period and Schedule 2 lists the movements on to premises that do not trigger the standstill period. It provides for marking sheep and goats travelling to shows or exhibitions (article 9). It controls movement of animals to and from slaughterhouses (article 10) and provides for sets of premises to be linked together as sole occupancy groups (article 11). Part 3 of the Order provides that cattle, deer, pigs, goats and sheep may not be moved except in accordance with a licence (article 12). It makes provisions for licences, permits and authorisations, and empowers the National Assembly or the Secretary of State to serve notices removing individual premises or people from operating under a general licence (articles 13 to 19). It provides for disinfection of vehicles (article 20). It provides for change of occupation of premises affected by the Order (article 21). It is enforced by the local authority (article 22). 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. It amends the Sheep and Goats Identification and Movement (Interim Measures) (Wales) (No.2) Order 2002, as amended, to remove the reference to it ceasing to have effect on 1st August 2003. It will therefore continue in force beyond that date (article 24). A regulatory appraisal has been prepared and placed in the library of the National Assembly. Copies can be obtained from the Animal Health Division, Welsh Assembly Government, Cathays Park, Cardiff CF10 3NQ.

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