UK Offence Report

Penalties

regulation 34(1) of The Animals and Animal Products (Import and Export) (Wales) Regulations 2006 (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

1 A person contravening any provision of these Regulations, other than those listed in paragraph (2), or any notice served under them is 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 This is the text as originally made; later amendments are not shown here.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 34(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. Doing what the provision prohibits, or failing to do what it requires under the Animals and Animal Products (Import and Export) (Wales) Regulations 2006.

Penalty

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

this is the level 5 value when the instrument came into force (2006-06-15); the standard scale is keyed to the date the offence was committed, and for conduct today the same words mean an unlimited fine.

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
13 June 2006
In force from
15 June 2006
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 revoke and re-make with changes the Animals and Animal Products (Import and Export) (Wales) Regulations 2005 (S.I. 2005/1158) (“the 2005 Regulations”). They implement Council Directive 90/425/EEC (concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market) (OJ No. L224, 18.8.90, p. 29) and Council Directive 91/496/EEC (laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries) (OJ No. L268, 24.9.91, p. 56). They continue to include the following provisions— Intra-Community trade With respect to intra-Community trade, the Regulations make it an offence to export, import or transport for intra-Community trade any animal or animal product to which Directive 90/425/EEC applies except in accordance with the provisions of regulations 5, 6 and 7 which give effect to the veterinary check and transport requirements for such trade under Directive 90/425/EEC. Part I of Schedule 3 lists individual instruments governing trade of specific types, identifying relevant provisions and specifying any additional requirements which must be complied with pursuant to regulations 5 and 6. These Regulations provide a statutory basis for the Poultry Health Scheme, which is a means of approving and monitoring poultry establishments engaging in intra-Community trade of poultry and hatching eggs. The approval and monitoring of such establishments is a requirement of Council Directive 90/539/EEC. Regulation 5(5) prohibits exports unless the commodities originate from an establishment which is a member of the Poultry Health Scheme and conforms to the requirements of Directive 90/539/EEC. Schedule 4 sets out how the fees for membership and registration are calculated and provides for re-inspection fees. It also provides for powers for suspension or revocation of membership under specified circumstances. The Regulations set out the procedures and requirements for the registration of dealers in animals and animal products (regulation 8), and the approval of centres and teams engaging in intra-Community trade in animals and animal products (regulation 9). Regulation 9, with Schedule 5, provides for approval of laboratories to carry out specified poultry health tests. Powers in regulation 10 provide for checks on intra-community trade at the place of destination as required under Directive 90/425. The Regulations also place duties on consignees of animals and animal products (regulation 11), and provide for the approval of assembly centres (regulation 12). They specify the procedure to be followed in the case of illegal consignments (regulation 13). Imports from third countries These Regulations prohibit the importation of any animal from a third country unless the conditions of Council Directive 91/496/EEC are complied with and the relevant provisions of numerous EU instruments, and any additional requirements, identified in Part II of Schedule 7 are complied with (regulation 16). Regulation 16, with Part I of Schedule 7 prescribes the third countries from which animals may be imported. Regulation 17, with Schedule 2, specifies the places at which animals may be imported through Border Inspection Posts. The procedure for importation is provided for in regulation 18, and the payment of fees in that connection at regulation 20. Procedures to be followed where a consignment constitutes a danger to health or is otherwise illegal are set out in regulations 21 and 22. Regulation 23 requires that, at the place of destination, certain animals (elephants and other Artiodactyla) may not be released until authorised by an authorised officer of the National Assembly for Wales ('the National Assembly'). Post-import controls are provided for in regulation 24. Part 4 makes provision for imports from third countries which undergo the requisite veterinary border checks on arrival at another member State. General provisions The Regulations also give powers to the National Assembly to take action in the event of an outbreak of disease in another state (regulation 28) and make provision for the notification of decisions (regulation 29), inspectors' powers of entry (regulation 30) and the recovery of expenses (regulation 31). Obstruction of any person acting in the execution of the Regulations is made an offence (regulation 32), and it is an offence under regulation 34 to contravene the Regulations (excepting certain fees provisions). Penalties are provided for (regulation 34). Disapplication of other legislation relating to the import of animals continues to be provided for (regulation 35, with Schedule 9). Regulation 35 contains transitional provisions (with Part IV of Schedule 8). The revocation of the 2005 Regulations is provided for at regulation 36. New provisions are included to implement (for the first time in these Regulations), Commission Decision 2000/666/EC (OJ No. L 278, 31.10.2000, p. 26), in relation to imports of captive birds. Schedules 3 and 7 have also been revised and updated in order to bring the implementation of Community instruments up-to-date at the time of making. Imports of captive birds from third countries A new regulation 19 has been inserted to provide for the arrangements for quarantine of captive birds imported from third countries, as required under Commission Decision 2000/666/EC. Specific requirements are imposed on quarantine managers as to the running of quarantine centres and facilities under regulation 19(2) and Part II of Schedule 8, and there are general prohibitions applying to any persons in respect of entry to a quarantine centre or facility, and removal of birds and carcases from quarantine without the authorisation of a veterinary inspector. Regulation 19 also gives inspectors supplementary powers of entry, and powers of inspection and sampling, and provides for the Veterinary Laboratories Agency (an executive agency of Defra) to act as the official laboratory and make charges for laboratory testing carried out in connection with Commission Decision 2000/666/EC as set out in Part III to Schedule 8. Regulations 16, 18 and 21 (previously regulation 20) have been amended to reflect the implementation in these Regulations of Commission Decision 2000/666/EC, in particular, the provisions now in regulation 21(2) to (4) prescribing the measures which must be taken when avian influenza, Newcastle disease or Chlamydia psittaci is found in an imported captive bird at a quarantine centre or facility. Transitional arrangements are provided for in regulation 35 and Part IV of Schedule 8 in respect of quarantine approvals currently held by avian quarantine centres or facilities and captive bird imports generally. Such imports are currently subject of a temporary ban pursuant to EU legislation. Regulation 16(4) provides that regulation 16(2) and (3), as read with relevant parts of Schedule 7, do not operate to permit the import of captive birds from third countries until 1st August 2006, when the EU ban is due to be lifted. The disapplication provisions in regulation 35 have been revised to reflect disapplication of the Importation of Birds, Poultry and Hatching Eggs Order 1979 (S.I. 1979/1702) in relation to imports of captive birds from third countries. Changes to lists of instruments and “additional requirements” in Schedules 3 and 7 The changes made to Part I of Schedule 3 are in paragraphs 1, 6, 7, 8(1), 9 and 10. The “additional requirement” (d) in paragraph 1, now specifically identifies special conditions on exports of cattle to Germany, Denmark, Italy, Austria, Finland and Sweden. New paragraphs have been added to Part I of Schedule 7 in relation to the countries from which imports are permitted of bees, captive birds and cats, dogs and ferrets going to approved bodies, institutes or centres. The list in that Part for cloven hoofed animals, elephants and zoo ungulates has also been described more completely and it and the list for finfish have both been updated. In Part II of Schedule 7, paragraphs 1, 2, 3(4) (previously paragraph 6), 5 (previously paragraph 10), 8 (previously paragraph 11), and 10 (previously paragraph 13) have also been revised and updated. New paragraphs list instruments covering trade in bees, captive birds and cats, dogs and ferrets going to approved bodies, institutes or centres. The repeal of Council Directive 72/462/EEC has necessitated removal of paragraph 1 from Part II of Schedule 7 of the revoked 2005 Regulations. A new paragraph (now paragraph 2) further implements Council Directive 2004/68/EC, in relation to zoo ungulates (aspects of the Directive having been implemented in the 2005 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