UK Offence Report

Contraventions

regulation 62 of The Products of Animal Origin (Third Country Imports) (Wales) Regulations 2004 (revoked)

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

62 Any person who—

a contravenes

a provision of these Regulations, other than—

i the provisions contained in regulations 8(2) and 19(3) referring to payment of costs; and

ii the provisions contained in regulations 23(7), 28, 43(5), 45(2) and 55; or

b fails to comply with

a notice served upon him or her under these Regulations, shall 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 This is the text as originally made; later amendments are not shown here.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
failing to comply with a notice or direction
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 62?

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. Being served with a notice under the Products of Animal Origin (Third Country Imports) (Wales) Regulations 2004 and doing nothing by the date it specifies.
  2. Doing part of what the notice requires, where it required all of it.
  3. Disagreeing with the notice and ignoring it, rather than using whatever appeal the instrument provides.

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
25 May 2004
In force from
31 May 2004
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 consolidate the Products of Animal Origin (Third Country Imports) (Wales) Regulations 2002 (S.I. 2002/1387 (W.136)), the Products of Animal Origin (Third Country Imports) (Wales) (Amendment) (No. 2) Regulations 2002 (S.I. 2002/3230 (W.307)), and the Products of Animal Origin (Third Country Imports) (Wales) (Amendment) Regulations 2003 (S.I. 2003/976 (W.135)), and make a number of further amendments. The principal amendments are— the implementation of Commission Decision 2002/349/EC laying down the list of products to be examined at border inspection posts under Council Directive 97/78/EC (OJ No. L121, 8.5.2002, p.6) (the definition of 'product' in regulation 2(1)); the requirement for products which are refused entry into the Community (and which are not redispatched) to be disposed of in accordance with Regulation (EC) No. 1774/2002 of the European Parliament and of the Council (OJ No. L273, 10.10.2002, p.1) (as amended) which has repealed Council Directive 90/667/EEC (OJ No. L363, 27.12.1990, p.51) (regulations 21, 22, 24, 25, 26 and 43); the requirement for unused catering supplies from means of transport operating internationally to be disposed of in accordance with Regulation (EC) No. 1774/2002 (regulation 29); where such unused catering supplies are disposed of by burial in a landfill, the requirement that they are disposed of only at a landfill approved in accordance with regulation 30; the inclusion of a new Part 5 which sets out (1) the mechanism for approving landfills which receive unused catering supplies, (2) the obligations upon operators of approved landfills, (3) the procedure for amending, suspending and revoking such approvals, and (4) the procedure for appealing against an amendment or a suspension; the revision of the procedure for appealing against veterinary charges paid to the National Assembly for Wales or the Food Standards Agency (regulation 58), requiring amongst other things that the independent person must not be an officer or servant of the National Assembly for Wales or the Agency (unless the appellant consents), and that, if the appellant so requests, the hearing must be in public and the appellant must be provided with a copy of the independent person’s report; and the revision of Schedule 2. These Regulations implement for Wales Council Directive 97/78/EC laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (OJ No. L24, 30.1.98, p.9). The Directive applies to products of animal origin— meat, fish (including shellfish), milk, and products made from these, together with egg products and a large number of animal by-products, including casings, skins, bones and blood — from third countries. The products to which the Regulations apply are defined in regulation 2(1) and the requirements with which they must comply are listed, by reference to the relevant Community legislation, in Schedule 2. Trade samples and products intended for exhibition or study or analysis are exempt from the Regulations (regulation 3(1)). Products intended for personal use which comply with the conditions in regulation 3(3), are exempt from all but a few of the Regulations. Regulations 4 and 16 define the authorities that enforce the Regulations. At border inspection posts these will be port health authorities, who appoint official veterinary surgeons and official fish inspectors to conduct veterinary checks at each border inspection post in their area (regulation 6). Regulations 7, 8 and 9 confer the necessary enforcement powers. The Commissioners of Customs and Excise enforce regulation 16 at other points of entry. Part 3 establishes the inspection system which will apply to the generality of products. The introduction into Wales of products which do not comply with the Schedule 2 requirements is prohibited, unless they are being transported across Wales (regulation 15). Products must be introduced at border inspection posts, advance notice of their introduction must be given, and they must be made available for inspection, together with required documentation, at a border inspection post (regulations 16 to 19). Regulations 21 to 28 deal with products which are rejected at inspection, are introduced illegally, or present a risk to animal or public health. Parts 4 to 9 lay down special provisions which apply to particular categories of product (on-board catering supplies, products intended for free circulation in the Community, products in transit across Wales, products intended for warehousing under particular customs regimes, and products exported from the Community and then returned to it). Part 10 deals with the calculation and payment of charges for the veterinary checks provided for in the Regulations; Part 11 confers on the National Assembly for Wales and the Food Standards Agency power to prohibit the introduction of products into Wales from non-EEA countries in which there is an outbreak of animal disease; Part 12 establishes offences and penalties; and Part 13 deals with the service of notices and with notification of decisions. A regulatory appraisal in relation to Part 5 (Burial of Unused On-Board Catering Supplies in Landfills) has been prepared. Copies may be obtained from the Department for Environment Planning and Countryside, National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ. Otherwise a regulatory appraisal has not been prepared for these Regulations.

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 0.92.

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