UK Offence Report

Contravention of The Tuberculosis (Wales) Order 2010

the instrument as a whole of The Tuberculosis (Wales) Order 2010

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

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 This is the text as originally made; later amendments are not shown here.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 Tuberculosis (Wales) Order 2010.

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

The Ministry of Justice records offences under this instrument against offence code 11006 — 11006 - Summary offences under Tuberculosis (Wales) Order 2010. That code may cover several provisions of the instrument, so a count against it is not a count of prosecutions under this provision alone.

No published per-offence figure was found for this provision. Offences created by statutory instrument very largely do not have their own code in the MoJ’s Outcomes by Offence data tool. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
30 April 2010
In force from
25 May 2010
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 Order) — the explanatory note published with the instrument, © Crown copyright.

This Order, made under the Animal Health Act 1981 (“the Act”), confers powers on the Welsh Ministers in relation to tuberculosis in Wales. Part 1 makes general provisions including title, commencement and interpretation. Article 3 provides for revocation of the Tuberculosis (Wales) Order 2006. Article 4 amends the Brucellosis and Tuberculosis (England and Wales) Compensation Order 1978. Article 5 provides for savings and transition. Part 2 makes provision for testing and movement of animals. Article 6 provides that tuberculosis is prescribed as a disease for the purposes of sections 32 and 88 of the Act. Article 7 makes provision for the purposes of section 62E of the Act. Articles 8 and 9 make provision with respect to the notification of disease. Articles 10 and 11 make provision with respect to veterinary inspectors. Articles 12, 13 and 14 make provision with respect to the testing of animals. Articles 15 to 25 make provision in respect of controls for the purpose of preventing the spread of disease. Part 3 makes provision in respect of compensation for animals slaughtered for tuberculosis. Article 26 provides for the calculation of the amount of compensation. The article also provides for a panel to review the calculation of the value of an animal. A regulatory impact assessment has been prepared in relation to this Order and a copy may be obtained from the Office of the Chief Veterinary Officer for Wales, Welsh Assembly Government, 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