Ref. Ares(2021)1982544 - 19/03/2021
Legislation
Rules on penalties
The Trade in Animals and Related Products Regulations 2011
Regulation 42 of the Trade in Animals and Related Products
Regulations 2011 as amended by S.I. 2019/1488 (implementing
http://www.legislation.gov.uk/uksi/2011/1197/pdfs/uksi_20111197_en.pdf
the Official Controls Regulation EU 2017/625)
A person guilty of any offence under these Regulations is liable on
summary conviction to a fine
The TSE (England) Regulations 2018
Offences and penalties
http://www.legislation.gov.uk/uksi/2018/731/pdfs/uksi_20180731_en.pdf
18.—(1) It is an offence—
(a)to fail to comply with the TSE requirements;
(b)to fail to comply with the requirements of any notice or licence
served or issued under these Regulations;
(c)to intentionally obstruct an inspector carrying out any functions
(including the facilitation of samples taken by an inspector in
accordance with paragraph 8 of Schedule 2) under the EU TSE
Regulation or these Regulations;
(d)without reasonable cause, fail to give to an inspector acting for
the purpose of ensuring compliance with the EU TSE Regulation
or these Regulations any assistance or information or provide any
facilities that the inspector may reasonably require;
(e)to give false or misleading information to an inspector for the
purpose of ensuring compliance with the EU TSE Regulation or
these Regulations;
(f)to fail to produce a record when required to do so by an
inspector acting under these Regulations.
1
(2) A person guilty of an offence is liable on summary conviction
to a fine.
The Equine Identification (England) Regulations 2018
Criminal penalties
36. Subject to
[F27regulation 37
], a person who is guilty of an
http://www.legislation.gov.uk/uksi/2018/761/pdfs/uksi_20180761_en.pdf
offence under these Regulations is liable, on summary conviction,
to a fine.
F27Words i
n reg. 36 substituted (11.1.2019)
by The Equine
Identification (England) (Amendment) (EU Exit) Regulations 2018
(S.I. 2018/1409), regs. 1, 2(7)
Choosing to pursue civil sanctions instead of criminal penalties
37.—(1) An enforcing authority may impose a civil sanction, or
a combination of civil sanctions, under Part 6 against a person (an
“offender”) if the authority is satisfied beyond reasonable doubt that
the offender is guilty of an offence described in Part 4.
(2) Criminal proceedings against the offender may not be started
or continued if an enforcing authority, in respect of the offence—
(a)chooses to apply civil sanctions under paragraph (1); and
(b)serves on the offender—
(i)a compliance notice;
(ii)a non-compliance penalty notice; or
(iii) a fixed monetary penalty notice.
2
The Pigs (Records, Identification and Movement) Order 2011
Breach of the Order is an offence under section 73 of the Animal
Health Act 1981, punishable in accordance with section 75 of that
http://www.legislation.gov.uk/uksi/2011/2154/pdfs/uksi_20112154_en.pdf
Act
Animal Health Act 1981
75 Penalties for certain summary offences
http://www.legislation.gov.uk/uksi/2011/2154/pdfs/uksi_20112154_en.pdf
(2)A person guilty of an offence to which this section applies is
liable on summary conviction to imprisonment for a term not
exceeding six months or to a fine not exceeding level 5 on the
standard scale or to both.
The Sheep and Goats (Records, Identification and Movement) (England)
Breach of the Order is an offence under section 73 of the Animal
Order 2009
Health Act 1981, punishable in accordance with section 75 of that
http://www.legislation.gov.uk/uksi/2009/3219/pdfs/uksi_20093219_en.pdf
Act
Animal Health Act 1981
75 Penalties for certain summary offences
http://www.legislation.gov.uk/uksi/2011/2154/pdfs/uksi_20112154_en.pdf
(2)A person guilty of an offence to which this section applies is
liable on summary conviction to imprisonment for a term not
exceeding six months or to a fine not exceeding level 5 on the
standard scale or to both.
The Cattle Identification Regulations 2007
Penalties
15. A person guilty of an offence under these Regulations is
http://www.legislation.gov.uk/uksi/2007/529/pdfs/uksi_20070529_en.pdf
liable—
(a)on summary conviction, to a fine not exceeding the statutory
maximum or to imprisonment not exceeding three months or to
both;
(b) on conviction on indictment, to a fine or to imprisonment for a
term not exceeding two years or to both.
3
The Bee Diseases and Pests Control (England) Order 2006
In accordance with section 1(7) of the Bees Act
1980 (c. 12), breach
of any provision of the Order or of any condition imposed by any
http://www.legislation.gov.uk/uksi/2006/342/pdfs/uksi_20060342_en.pdf
licence issued under the Order constitutes an offence punishable on
Bees Act 1980
summary conviction by a fine not exceeding level 5 on the standard
scale (currently £5000).
http://www.legislation.gov.uk/ukpga/1980/12/pdfs/ukpga_19800012_en.pdf
The Trade in Animals and Related Products Regulations (Northern
Penalties
Ireland) 2011
40 (2) A person guilty of any other offence under these
http://www.legislation.gov.uk/ukpga/1980/12/pdfs/ukpga_19800012_en.pdf Regulations is liable on summary conviction to a fine not
exceeding the statutory maximum or, on conviction on indictment,
to a fine.
The Pigs (Records, Identification and Movement) Order (Northern
Breach of the Order is an offence under article 52 of The Diseases
Ireland) 2012
of Animals (Northern Ireland) Order 1981 punishable in accordance
http://www.legislation.gov.uk/nisr/2012/67/pdfs/nisr_20120067_en.pdf
with article 52 of that Order.
The Diseases of Animals (Northern Ireland) Order 1981
http://www.legislation.gov.uk/nisi/1981/1115/pdfs/uksi_19811115_en.pdf
The Sheep and Goats (Records, Identification and Movement) Order
Breach of the Order is an offence under article 52 of The Diseases
(Northern Ireland) 2009
of Animals (Northern Ireland) Order 1981 punishable in accordance
http://www.legislation.gov.uk/nisr/2009/411/pdfs/nisr_20090411_en.pdf
with article 52 of that Order.
The Diseases of Animals (Northern Ireland) Order 1981
http://www.legislation.gov.uk/nisi/1981/1115/pdfs/uksi_19811115_en.pdf
4
Cattle Identification (No. 2) Regulations (Northern Ireland) 1998
Penalties
(1) A person guilty of an offence under regulation 16(1)(a) or (b)
shall be liable on summary conviction to a fine not exceeding level
http://www.legislation.gov.uk/nisr/1998/279/contents/made
5 on the standard scale or to imprisonment for a term not
exceeding three months or to both.
(2) A person guilty of any other offence under these Regulations
shall be liable–
(a) on summary conviction, to a fine not exceeding the statutory
maximum or to imprisonment for a term not exceeding three
months or to both;
(b) on conviction on indictment, to a fine or to imprisonment for a
term not exceeding two years or to both.
(3) For the purposes of Article 18(6) of the Diseases of Animals
(Northern Ireland) Order 1981 any offence against these
Regulations shall be deemed to be an offence against that Order.
5
The Avian Influenza and Influenza of Avian Origin in Mammals
84. Enforcement, offences and proceedings
Regulations (Northern Ireland) 2007
The following provisions of the 1981 Order shall apply as if these
http://www.legislation.gov.uk/nisr/2007/68/pdfs/nisr_20070068_en.pdf
Regulations were an order made under the Diseases of Animals
The Diseases of Animals (Northern Ireland) Order 1981
(Northern Ireland) 1981 Order—
(a) Article 6 (seizure and destruction of carcases, etc., liable to
http://www.legislation.gov.uk/nisi/1981/1115/pdfs/uksi_19811115_en.pdf
spread disease);
(b) Article 18 (6) (general provisions relative to slaughter and
compensation) and the Diseases of Animals (Valuation) Order
(Northern Ireland) 1989;
(c) Article 42 (functions of constables);
(d) Article 46 (general powers of inspectors);
(e) Article 46A (powers of inspectors relating to [ EU ] 1
obligations); and
(f) Article 48 (power to detain vessels and aircraft)
(g) Article 52 (offences);
(h) Article 54 (defences and evidence);
(i) Article 55 (extension of time for bringing summary
proceedings);
(j) Article 56 (venue); and
(k) Article 57 (proceedings under Customs Acts for unlawful
landing or shipping).
6
The Transmissible Spongiform Encephalopathies Regulations (Northern
19. Penalties
Ireland) 2018
A person guilty of an offence under these Regulations is liable—
http://www.legislation.gov.uk/nisr/2018/213/pdfs/nisr_20180213_en.pdf
(a) on summary conviction, to a fine not exceeding the statutory
maximum or to imprisonment for a term of three months or both;
or
(b) on conviction on indictment, to a fine or to imprisonment for a
term not exceeding two years or both.
Trade in Animals and Related Products (Scotland) Regulations 2012
Penalties
http://www.legislation.gov.uk/ssi/2012/177/contents
36.—(1) A person who commits an offence of disclosure in
breach of regulation 31(3) is liable—
(a)on summary conviction, to a fine not exceeding the statutory
maximum, to imprisonment not exceeding 12 months, or to both;
or
(b)on conviction on indictment, to imprisonment for a term not
exceeding 2 years, to a fine, or to both.
(2) A person who commits any other offence under these
Regulations is liable on summary conviction to a fine not exceeding
the statutory maximum or, on conviction on indictment, to a fine.
The Transmissible Spongiform Encephalopathies (Scotland) Regulations
Penalties
2010
18. A person guilty of an offence under these Regulations is
http://www.legislation.gov.uk/ssi/2010/177/pdfs/ssi_20100177_en.pdf
liable—
(a)on summary conviction, to a fine not exceeding the statutory
maximum or to imprisonment for a term not exceeding 12 months
or both; or
7
(b)on conviction on indictment, to a fine or to imprisonment for a
term not exceeding 2 years or both.
The Beef and Pig Carcase Classification (Scotland) Regulations 2010
Offences: punishment
28.—(1) A person
[who commits
] an offence under—
http://www.legislation.gov.uk/ssi/2010/330/pdfs/ssi_20100330_en.pdf
(a)regulation 19 (European beef provisions);
(b)regulation 20 (European pig provisions);
(c)regulation 21 (notifications by operators);
(d)regulation 22 (licences);
[(da)regulation 22A (offences: authorised grading methods (pig
carcases));
]
(e)regulation 23(1) (records); or
(f)regulation 24 (obstruction),
is liable on summary conviction to a fine not exceeding level 5 on
the standard scale.
(2) A person
[who commits
] an offence under regulation
[3(2)
and (3)
] (misleading marks) is liable—
(a)on summary conviction, to a fine not exceeding the statutory
maximum; or
(b)on conviction on indictment, to a fine.
The Aquatic Animal Health (Scotland) 2009
Penalties
http://www.legislation.gov.uk/nisr/2018/213/pdfs/nisr_20180213_en.pdf
43. A person who is guilty of an offence under these Regulations
is liable–
(a)on summary conviction, to a fine not exceeding the statutory
maximum;
8
(b)on conviction on indictment, to a fine.
Trade in Animals and Related Products (Wales) Regulations 2011
Penalties
42.—(1) A person guilty of an offence of disclosure in breach of
https://www.legislation.gov.uk/wsi/2011/2379/data.pdf
regulation 37(3) (disclosure of information) is liable on summary
conviction, to a fine not exceeding the statutory maximum, to
imprisonment for a term not exceeding three months, or to both;
The Transmissible Spongiform Encephalopathies (Wales) Regulations
Penalties
2018
20. A person guilty of an offence under these Regulations is
https://www.legislation.gov.uk/wsi/2018/968/pdfs/wsi_20180968_mi.pdf
liable on summary conviction to a fine.
The Avian Influenza (H5N1 in Wild Birds) (Wales) Order 2006
Failure to comply with this Order is an offence under section 73 of
the Animal Health Ac
t 1981 (c. 22), punishable in accordance with
https://www.legislation.gov.uk/wsi/2006/3310/made/data.pdf
section 75 of that Act.
Animal Health Act 1981
75 Penalties for certain summary offences
http://www.legislation.gov.uk/ukpga/1981/22/pdfs/ukpga_19810022_en.pdf
(2)A person guilty of an offence to which this section applies is
liable on summary conviction to imprisonment for a term not
exceeding six months or to a fine not exceeding level 5 on the
standard scale or to both.
9
The Avian Influenza (H5N1 in Poultry) (Wales) Order 2006
Failure to comply with this Order is an offence under section 73 of
the Animal Health Ac
t 1981 (c. 22), punishable in accordance with
https://www.legislation.gov.uk/wsi/2006/3309/made/data.pdf
section 75 of that Act.
Animal Health Act 1981
75 Penalties for certain summary offences
http://www.legislation.gov.uk/ukpga/1981/22/pdfs/ukpga_19810022_en.pdf
(2)A person guilty of an offence to which this section applies is
liable on summary conviction to imprisonment for a term not
exceeding six months or to a fine not exceeding level 5 on the
standard scale or to both.
The Foot and Mouth Disease (Control of Vaccination) (Wales)
Enforcement, offences and proceedings
Regulations 2006
36.— (3) Section 75 of the Act (penalties for certain summary
https://www.legislation.gov.uk/wsi/2006/180/made/data.pdf
offences) applies as if these Regulations were an Order made under
Animal Health Act 1981
the Act except that any term of imprisonment on summary
conviction is not to exceed three months.
http://www.legislation.gov.uk/ukpga/1981/22/pdfs/ukpga_19810022_en.pdf
75 Penalties for certain summary offences
(2)A person guilty of an offence to which this section applies is
liable on summary conviction to imprisonment for a term not
exceeding six months or to a fine not exceeding level 5 on the
standard scale or to both.
10
Document Outline