UK Offence Report

Contravention of The Animal Gatherings (Wales) Order 2004

the instrument as a whole of The Animal Gatherings (Wales) Order 2004

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.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 This is the text as originally made; later amendments are not shown here.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 Animal Gatherings (Wales) Order 2004.

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 Animal Gatherings (Wales) Order 2007
Revoked on
14 August 2007
Made
8 July 2004
In force from
1 November 2004
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 Animal Gatherings (Wales) Order 2003. It changes that Order as follows — it provides that the licensee may change the starting time of the 48 hour period of a sale on paved premises, provided that the licensee notifies both the National Assembly for Wales and the local authority and publicises the change (article 9); it provides that dedicated slaughter sales and dedicated slaughter collections can only take place on paved premises and cannot be held on premises where any other type of sale, onward consignment or show or exhibition is taking place (article 10); it provides a further exception to the prohibition that no vehicle contaminated with animal excreta may be brought on to or taken from the licensed premises (paragraph 4 of the Schedule). As before, it requires a licence for animal gatherings (article 5). It specifies that an animal gathering can only take place 27 days after the last animal left those premises and equipment on the premises has been cleaned of visible contamination (article 6). If the gathering takes place in paved premises article 11 makes provision for the cleansing and disinfection of those premises and enables a gathering to take place inside the normal time limits. It imposes a 48 hour time limit on gatherings for the purpose of sales held on paved premises (article 8) and onward consignments held on any premises. It imposes duties on persons attending an animal gathering (article 11 and the Schedule). It imposes restrictions following an animal gathering (article 12). It is enforced by the local authority (article 13). 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. A regulatory appraisal has been prepared in respect of this Order and is available for inspection at the offices of the Department of Environment, Planning and Countryside, Crown Buildings, 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