4 Where an organisation that is not a body corporate is guilty of an offence under these Regulations, and…

regulation 22(4) of The Horse Passports (Wales) Regulations 2005

Revoked
Strict liability
Dogs, animals, hunting and wildlife

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

4 Where an organisation that is not
a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of any officer of that organisation, that officer, as well as the organisation, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

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 This is the text as originally made; later amendments are not shown here.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 body corporate
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 body corporate 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(4)?

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 Horse Passports (Wales) Regulations 2005.

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.

Animal cruelty: definitive guideline Magistrates' courts in England and Wales · in force from 1 July 2017
Covers cruelty to and neglect of animals, and the associated disqualification and deprivation orders.
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: 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

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

It shall be an offence for any person or organisation to fail to comply with — a regulation 3(3) (issue of a…regulation 22(1)

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 Horse Passports (Wales) Regulations 2005 Every offence this instrument creates, and its explanatory note
Dogs, animals, hunting and wildlifeOther offences on the same subject
Offences created in 2005