Pasture land

regulation 11(2) of The Animal By-Products (Wales) Regulations 2003

Status not determined
Strict liability
Either way
Health and safety, environment, waste and fisheries

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 —
a uses pasture land for grazing within the period specified in paragraph (1); or
b feeds to pigs or other farmed animals within that period anything cropped from pasture land during that period; will be guilty of 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 This is the text as originally made; later amendments are not shown here.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: breaching the provision
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 11(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.

Doing what the provision prohibits, or failing to do what it requires under the Animal By-Products (Wales) Regulations 2003.

Penalty

Mode of trial: Either way — magistrates’ court or Crown Court
Maximum fine: £5,000
Maximum prison (summary): 6 months
Maximum prison (on indictment): 2 years

expressed as the statutory maximum (the prescribed sum): the same words mean £5,000 in England and Wales and £10,000 in Scotland.

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.

Sentencing organisations: fines and the means of a corporate defendant All courts in England and Wales
How a fine on a company is arrived at from its turnover. Relevant far beyond the guidelines that state it, because a very large share of the offences in this corpus can only be committed by an organisation.
Environmental offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales · in force from 1 July 2014
Covers unauthorised or harmful deposit, treatment or disposal of waste, illegal discharges to air, land and water, and the equivalent offences committed by organisations. It is the guideline that introduced turnover bands for corporate fines, so the size of the defendant company is a starting point rather than a mitigating detail.
Health and safety offences, corporate manslaughter and food safety and hygiene offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales · in force from 1 February 2016
Covers breaches of duty under the Health and Safety at Work etc. Act 1974 and the regulations made under it, and food safety and food hygiene offences. Sentencing turns on culpability and on the seriousness and likelihood of harm risked, not only on the harm that happened.
Imposition of community and custodial sentences: definitive guideline All courts in England and Wales
When a community order or custody is justified at all, and the presumption against short custodial sentences.
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: 29 October 2003
In force from: 31 October 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

These Regulations make provision in Wales for the administration and enforcement of Regulation (EC) No. 1774/2002 of the European Parliament and of the Council of 3rd October 2002 laying down health rules concerning animal by-products not intended for human consumption (OJ No. L273, 10.10.2002, p.1) (“the Community Regulation”). They revoke the Animal By-Products Order 1999, S.I. 1999/646, and the Animal By-Products (Amendment) (Wales) Order 2001, S.I. 2001/1735 (W.122). They also make provision for the enforcement of the following measures, which amend the Community Regulation and make provision for transitional arrangements — a Commission Regulation (EC) No. 808/2003 amending Regulation (EC) No. 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption; b Commission Regulation (EC) No. 811/2003 implementing Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the intra-specifies recycling ban for fish, the burial and burning of animal by-products and certain transitional measures; c Commission Regulation (EC) No. 813/2003 on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the collection, transport and disposal of former foodstuffs; d Commission Decision 2003/320/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the use in feed of used cooking oil; e Commission Decision 2003/321/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the processing standards for mammalian blood; f Commission Decision 2003/326/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the separation of Category 2 and Category 3 oleochemical plants; g Commission Decision 2003/327/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the low capacity incineration or co-incineration plants which do not incinerate or co-incinerate specified risk material or carcases containing them; Provision in Wales for the administration and enforcement of measures in the Community Regulation in relation to export and trade between Member States is intended to be made by a separate instrument. The Community Regulation categorises material comprising or containing animal by-products to which these Regulations apply as — category 1 material where the by-products are body parts of animals suspected of being infected with, confirmed with or killed in the eradication of, a transmissible spongiform encepalopathy (“TSE”), animals which are not farmed or wild (unless the wild animals are suspected of being infected with transmissible diseases), in particular pet animals, zoo animals and circus animals, and experimental animals; are specified risk material (“SRM”) under Regulation (EC) No. 999/2001, and the entire bodies of dead animals containing SRM if it was not removed on disposal; have been administered with or contain residues of certain environmental contaminants; are collected from treating waste water from category 1 processing plants or premises where SRM is removed; are catering waste from means of transport operating internationally; and are category 1 material mixed with category 2 and 3 material; category 2 material where the by-products are manure and digestive tract content; are collected from treating waste from slaughterhouses other than the type noted above; contain residues of veterinary drugs and certain contaminants; are not category 1 material but are imported from non-member States and fail Community import inspections but are not re-exported or accepted under the Community import rules; are animals and parts of animals that are not category 1 material that were not slaughtered for human consumption; are category 2 material mixed with category 3 material; and are not either category 1 or category 3 material; category 3 material where the by-products derive from animals which are fit for human consumption in accordance with Community legislation and are parts of such animals not intended for human consumption for commercial reasons; parts of such animals not themselves fit for human consumption; hides, skins, hooves, horns, pig bristles and feathers (and (d) non-ruminant blood) from animals identified as such from inspections before being slaughtered in a slaughterhouse; derived from the productions of products intended for human consumption; former foodstuffs of animal origin other than catering waste no longer intended for human consumption for commercial reasons or due to defects which present no risk to humans; raw milk from animals showing no clinical signs of a disease communicable through that product; from sea animals, except sea mammals, caught in the open sea for the purposes of fishmeal production; from fish from plants manufacturing fish products for human consumption; shells, hatchery and cracked egg by-products (and (k) blood, hides, skins, hooves, feathers, wool, horns hair and fur) from animals showing no clinical signs of a disease communicable through that product; and catering waste other than from means of transport operating internationally. The Regulations provide as follows: a It is a specific offence to categorise, collect, transport, dispose, store, process or use, category 1, category 2, or category 3 material other than in accordance with the Community Regulation (regulations 4, 5 and 6); b It is a specific offence to collect, transport, identify or store animal by-products other than in accordance with the Community Regulation (regulation 8); c Feeding unprocessed animal by-products to farmed animals is prohibited and access by such animals to animal by-products is controlled (regulation 9). Regulation 10 enforces the restrictions on use of animal by-products in Article 22 of the Community Regulation. This includes intra-species re-cycling, feeding catering waste to farm animals and the application of organic fertilisers on pasture land. Regulation 11 defines pasture land. Regulation 12 permits the intra-species re-cycling of fish after 1 January 2004. Until then it is permitted by a transitional measure in Part VI of Schedule 4. Regulations 13 to 16 provide for the approval of premises for the different types of treatment of animal by-products. Regulation 16 provides that composting on premises where the composted material originated do not need approval if the conditions of that regulation are complied with. Regulations 17 to 21 provide for checks at plants, sampling and approved laboratories. Regulations 22 to 24 regulate placing on the market of various processed animal by-products. Regulations 25 to 27 provide derogations relating to the use of animal by-products for taxidermy and feeding certain specified animals. Regulation 28 permits the burial of pet animals. Regulation 29 and 30 provide for burial or burning in the event of a disease outbreak or for burning and burial of bees and apiculture products. Regulations 31 to 38 provide for record keeping. Regulations 39 to 41 provide for applications for approvals, the suspension or revocation of approvals and an appeal against a notice to amend, suspend or revoke an approval. Under regulations 42 to 44 an inspector can serve a notice requiring the disposal of animal by-product or catering waste and requiring cleansing and disinfection of any vehicle, container or premises. Any notice served under these Regulations must be complied with at the expense of the person on whom the notice is served. Regulations 45 and 46 provide powers of entry and an offence of obstructing an inspector. Schedule 1 makes provision for biogas and composting plants, and Schedule 2 provides for testing methods. Schedule 3 contains transitional provisions relating to intra-species re-cycling of fish, disposal of former foodstuffs, used cooking oils in animal feed, disposal of mammalian blood, oloechemical plants and low capacity incinerators. Breach of the Regulations is an offence punishable on summary conviction to a fine up to the statutory maximum or six months imprisonment. On indictment the penalty is an unlimited fine or two years imprisonment (regulation 48). The Regulations are enforced by the local authority except in specified premises (regulation 49). A Regulatory appraisal has been prepared and is available from the Animal Health Division, National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ.

Read the full note and every offence in this instrument

Other offences in the same instrument

General obligationsparagraph 6(2) of SCHEDULE 3
Restrictions on useregulation 10
Processing and intermediate plants own checksregulation 17(1)
Processing and intermediate plants own checksregulation 17(2)
Samples sent to laboratoriesregulation 20(2)
Any person who places on the market processed animal protein or other processed products that could be used…regulation 22
Placing on the market of petfood, dogchews and technical productsregulation 23(1)
Placing on the market of petfood, dogchews and technical productsregulation 23(2)
Placing on the market of compost or digestion residues for use on agricultural landregulation 24
Derogations regarding the use of animal by productsregulation 26(5)
Records for consigning, transporting or receiving animal by-productsregulation 32
Records for burying or burning of animal by-productsregulation 33

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 is “guilty of 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

This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
The Animal By-Products (Wales) Regulations 2003 Every offence this instrument creates, and its explanatory note
Health and safety, environment, waste and fisheriesOther offences on the same subject
Offences created in 2003