UK Offence Report

Contravention of The Poultry Breeding Flocks and Hatcheries (Wales) Order 2007

the instrument as a whole of The Poultry Breeding Flocks and Hatcheries (Wales) Order 2007

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.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 This is the text as originally made; later amendments are not shown here.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 Poultry Breeding Flocks and Hatcheries (Wales) Order 2007.

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 Control of Salmonella in Poultry (Wales) Order 2008
Revoked on
25 March 2008
Made
13 June 2007
In force from
30 June 2007
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 remakes the Poultry Breeding Flocks and Hatcheries Order 1993 (S.I. 1993/1898). Article 4 requires the occupier of a poultry hatchery with a total incubator capacity of 1000 eggs or more to notify the Welsh Ministers. Article 5 requires the occupier of a holding on which breeding flocks of 250 poultry or more are kept to notify the Welsh Ministers. The Order implements the national control programme for domestic fowl of the species Gallus gallus— a required by Article 5 of Regulation (EC) No. 2160/2003 of the European Parliament and of the Council on the control of salmonella and other specified food-borne zoonotic agents (OJ No L 325, 12.12.2003, p1); and b approved by the European Commission in accordance with Article 6 of that Regulation. The national control programme is available from the Welsh Assembly Government, Office of the Chief Veterinary Officer, Cathays Park, Cardiff, CF10 3NQ. The Order enforces Commission Regulation (EC) No. 1003/2005 implementing Regulation (EC) No. 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in breeding flocks of Gallus gallus and amending Regulation (EC) No. 2160/2003 (OJ No. L 170, 1.7. 2005, p.12). Articles 6 to 12 apply to the occupier of a holding on which breeding flocks of domestic fowl of the species Gallus gallus are kept. Article 7 requires the occupier to notify the Welsh Ministers of the arrival of breeding flocks at the holding and article 8 requires him or her to notify when those flocks will move to the laying phase or laying unit and reach the end of the production cycle. Article 9 requires him or her to take samples from those flocks and article 10 requires him or her to submit those samples to an approved laboratory for testing for salmonella. Articles 11 and 12 impose record-keeping requirements on the occupier. Article 13 sets out the duties of an approved laboratory to prepare and test the samples and report the results of tests to the occupier. Article 14 prohibits the administering of any antimicrobial to domestic fowl of the species Gallus Gallus, other than in accordance with Article 2 of Commission Regulation (EC) No. 1177/2006 implementing Regulation (EC) No. 2160/2003 of the European Parliament and of the Council as regards requirements for the use of specific control measures in the framework of the national programmes for the control of salmonella in poultry (OJ No. L 212, 2.8.2006, p.3). Article 15 prohibits the administering of any live salmonella vaccine to such species, other than in accordance with Article 3(1) of that Regulation. Article 16 imposes record-keeping requirements on the occupier of a poultry hatchery. The Order is to be enforced by the local authority. Breach of the Order is an offence under section 73 of the Animal Health Act 1981 (c. 22), punishable in accordance with section 75 of that Act. A regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the above address and is annexed to the Explanatory Memorandum which is available alongside the instrument on the Office of Public Sector Information website.

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