UK Offence Report

1 It shall be an offence for any person or organisation to fail to comply with — a regulation 3(3) (issue of…

regulation 22(1) of The Horse Passports (Wales) Regulations 2005

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

1 It shall be an offence for any person or organisation to fail to comply with —

a regulation 3(3) (issue of

a document purporting to be

a passport);

b regulation 6(2) (applying for more than one passport for

a horse);

c regulation 7 (time limits for obtaining

a passport);

d regulation 12(1) (bringing

a horse into Wales);

e regulation 13(1), 13(2) or 13(3) (signing the declaration relating to slaughter for human consumption);

f regulation 14(1) (alteration of

a passport) or 14(2) (possession of

a document purporting to be

a passport);

g regulation 15(1) (application for

a replacement passport);

h regulation 16 (restrictions on the use of

a horse without

a passport);

i regulation 17 (administration of veterinary medicinal products);

j regulation 18 (duties on owners);

k regulation 19 (slaughter for human consumption);

l regulation 21 (obstruction).

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 This is the text as originally made; later amendments are not shown here.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
obstructing an official exercising a power
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 22(1)?

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. On these words it is an offence to fail to comply with — a regulation 3(3) (issue of a document purporting to be a passport).
  2. Refusing to let an inspector onto premises they are entitled to enter under the Horse Passports (Wales) Regulations 2005.
  3. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  4. Physically blocking an examination, or removing something an officer has said they intend to inspect.

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
Revoked
Revoked by
The Equine Identification (Wales) Regulations 2009
Revoked on
1 October 2009
Made
8 February 2005
In force from
9 February 2005
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 Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations, which apply in Wales, implement Council Directive 90/426/EEC (OJ No. L224, 18/8/1990, p. 42), Council Directive 90/427/EEC (OJ No. L224, 18/8/1990, p. 55) and Commission Decisions 92/353/EEC (OJ No. L192, 11/07/1992, p. 63), 93/623/EEC (OJ No. L298, 3/12/93, p. 45) and 2000/68/EC (OJ No. L23, 28.1.2000, p. 72). They revoke and replace the Horse Passports Order 1997 and the Horse Passports (Amendment) Order 1998 in so far as they apply to Wales. The Regulations specify which organisations are authorised to issue passports and give them powers and duties (regulations 3 to 5), make provision for application and issue of passports (regulations 6 to 11 and the Schedule) and make provision for horses entering Wales (regulation 12). They make requirements concerning the declaration to be made on the passport relating to slaughter for human consumption (regulation 13). They prohibit defacement of passports, make it an offence to possess a false passport and make provision for the replacement of lost passports (regulations 14 and 15) Horses must be accompanied by their passports when used for certain purposes (regulation 16). They impose duties on veterinary surgeons to mark the passport when they administer veterinary medicines (regulation 17). They make provision relating to the sale of a horse (regulation 18) and relating to the slaughter of a horse (regulation 19). They contain provisions relating to powers of entry and obstruction (regulations 20 and 21). Under regulations 22 and 23, breach of the Regulations is an offence punishable — a on summary conviction to a fine not exceeding the statutory maximum or three months imprisonment, or to both, and b on conviction on indictment, to imprisonment for two years or a fine, or both. They are enforced by the local authority (regulation 24). 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

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 0.90.

Basis
the provision says “it is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.90 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