Paragraph 33

(1)

Schedule 10 (punishment of offences under the Act) is amended as follows.

(2)

Omit the entries relating to Schedule A1.

(3)

At the appropriate place insert—

“
A8(4) Directors failing to notify monitor of beginning of moratorium. 1. On indictment. 2 years or a fine or both.
2. Summary. On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
A8(5) Monitor failing to notify creditors etc of beginning of moratorium. Summary. Level 3 on the standard scale.
A17(6) Directors failing to notify monitor of change in end of moratorium. 1. On indictment. 2 years or a fine or both.
2. Summary. On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
A17(7) Monitor failing to notify creditors etc of change in end of moratorium. Summary. Level 3 on the standard scale.
A19(5) Company or officer failing to state in correspondence etc that moratorium in force. Summary. Level 3 on the standard scale.
A24(4) Directors failing to notify monitor of insolvency proceedings etc. 1. On indictment. 2 years or a fine or both.
2. Summary. On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
A25(3)(a) Company obtaining credit without disclosing existence of moratorium. 1. On indictment. A fine.
2. Summary. On conviction in England and Wales: a fine. On conviction in Scotland: the statutory maximum.
A25(3)(b) Obtaining credit for company without disclosing existence of moratorium. 1. On indictment. 2 years or a fine or both.
2. Summary. On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
A26(4)(a) Company granting security without monitor's consent. 1. On indictment. A fine.
2. Summary. On conviction in England and Wales: a fine. On conviction in Scotland: the statutory maximum.
A26(4)(b) Authorising or permitting company to do so. 1. On indictment. 2 years or a fine or both.
2. Summary. On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
A27(1)(a) Company entering into market contract, etc. 1. On indictment. A fine.
2. Summary. On conviction in England and Wales: a fine. On conviction in Scotland: the statutory maximum.
A27(1)(b) Authorising or permitting company to do so. 1. On indictment. 2 years or a fine or both.
2. Summary. On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
A28(5)(a) Company making unauthorised payments. 1. On indictment. A fine.
2. Summary. On conviction in England and Wales: a fine. On conviction in Scotland: the statutory maximum.
A28(5)(b) Authorising or permitting company to do so. 1. On indictment. 2 years or a fine or both.
2. Summary. On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
A29(6)(a) Company making unauthorised disposal of property. 1. On indictment. A fine.
2. Summary. On conviction in England and Wales: a fine. On conviction in Scotland: the statutory maximum.
A29(6)(b) Authorising or permitting such a disposal. 1. On indictment. 2 years or a fine or both.
2. Summary. On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
A30(2)(a) Unauthorised disposal of hire-purchase property. 1. On indictment. A fine.
2. Summary. On conviction in England and Wales: a fine. On conviction in Scotland: the statutory maximum.
A30(2)(b) Authorising or permitting such a disposal. 1. On indictment. 2 years or a fine or both.
2. Summary. On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
A31(8) Directors failing to send to registrar copy of court order permitting disposal of charged property. Summary. Level 3 on the standard scale.
A31(10)(a) Company failing to comply with requirements relating to disposal of charged property. 1. On indictment. A fine.
2. Summary. On conviction in England and Wales: a fine. On conviction in Scotland: the statutory maximum.
A31(10)(b) Authorising or permitting such a failure. 1. On indictment. 2 years or a fine or both.
2. Summary. On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
A32(4)(a) Company failing to comply with requirements relating to disposal of hire-purchase property. 1. On indictment. A fine.
2. Summary. On conviction in England and Wales: a fine. On conviction in Scotland: the statutory maximum.
A32(4)(b) Authorising or permitting such a failure. 1. On indictment. 2 years or a fine or both.
2. Summary. On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
A32(6) Directors failing to send to registrar copy of court order permitting disposal of hire-purchase property. Summary. Level 3 on the standard scale.
A39(9) Monitor failing to notify creditors etc of change in monitor. Summary. Level 3 on the standard scale.
A46(1) Fraud or privity to fraud during or in anticipation of moratorium. 1. On indictment. 2 years or a fine or both.
2. Summary. On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
A46(4) Knowingly taking in pawn or pledge, or otherwise receiving, company property. 1. On indictment. 2 years or a fine or both.
2. Summary. On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
A47(1) False representation or fraud for purpose of obtaining or extending moratorium. 1. On indictment. 2 years or a fine or both.
2. Summary. On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
A49(5) Directors failing to notify regulator of qualifying decision procedure in relation to regulated company 1. On indictment. 2 years or a fine or both.
2. Summary. On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
”

A8(4)	Directors failing to notify monitor of beginning of moratorium.	1. On indictment.	2 years or a fine or both.
A8(4)		2. Summary.	On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
A8(5)	Monitor failing to notify creditors etc of beginning of moratorium.	Summary.	Level 3 on the standard scale.
A17(6)	Directors failing to notify monitor of change in end of moratorium.	1. On indictment.	2 years or a fine or both.
A17(6)		2. Summary.	On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
A17(7)	Monitor failing to notify creditors etc of change in end of moratorium.	Summary.	Level 3 on the standard scale.
A19(5)	Company or officer failing to state in correspondence etc that moratorium in force.	Summary.	Level 3 on the standard scale.
A24(4)	Directors failing to notify monitor of insolvency proceedings etc.	1. On indictment.	2 years or a fine or both.
A24(4)		2. Summary.	On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
A25(3)(a)	Company obtaining credit without disclosing existence of moratorium.	1. On indictment.	A fine.
A25(3)(a)		2. Summary.	On conviction in England and Wales: a fine. On conviction in Scotland: the statutory maximum.
A25(3)(b)	Obtaining credit for company without disclosing existence of moratorium.	1. On indictment.	2 years or a fine or both.
A25(3)(b)		2. Summary.	On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
A26(4)(a)	Company granting security without monitor's consent.	1. On indictment.	A fine.
A26(4)(a)	Company granting security without monitor's consent.	2. Summary.	On conviction in England and Wales: a fine. On conviction in Scotland: the statutory maximum.
A26(4)(b)	Authorising or permitting company to do so.	1. On indictment.	2 years or a fine or both.
A26(4)(b)	Authorising or permitting company to do so.	2. Summary.	On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
A27(1)(a)	Company entering into market contract, etc.	1. On indictment.	A fine.
A27(1)(a)	Company entering into market contract, etc.	2. Summary.	On conviction in England and Wales: a fine. On conviction in Scotland: the statutory maximum.
A27(1)(b)	Authorising or permitting company to do so.	1. On indictment.	2 years or a fine or both.
A27(1)(b)	Authorising or permitting company to do so.	2. Summary.	On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
A28(5)(a)	Company making unauthorised payments.	1. On indictment.	A fine.
A28(5)(a)	Company making unauthorised payments.	2. Summary.	On conviction in England and Wales: a fine. On conviction in Scotland: the statutory maximum.
A28(5)(b)	Authorising or permitting company to do so.	1. On indictment.	2 years or a fine or both.
A28(5)(b)	Authorising or permitting company to do so.	2. Summary.	On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
A29(6)(a)	Company making unauthorised disposal of property.	1. On indictment.	A fine.
A29(6)(a)	Company making unauthorised disposal of property.	2. Summary.	On conviction in England and Wales: a fine. On conviction in Scotland: the statutory maximum.
A29(6)(b)	Authorising or permitting such a disposal.	1. On indictment.	2 years or a fine or both.
A29(6)(b)	Authorising or permitting such a disposal.	2. Summary.	On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
A30(2)(a)	Unauthorised disposal of hire-purchase property.	1. On indictment.	A fine.
A30(2)(a)	Unauthorised disposal of hire-purchase property.	2. Summary.	On conviction in England and Wales: a fine. On conviction in Scotland: the statutory maximum.
A30(2)(b)	Authorising or permitting such a disposal.	1. On indictment.	2 years or a fine or both.
A30(2)(b)	Authorising or permitting such a disposal.	2. Summary.	On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
A31(8)	Directors failing to send to registrar copy of court order permitting disposal of charged property.	Summary.	Level 3 on the standard scale.
A31(10)(a)	Company failing to comply with requirements relating to disposal of charged property.	1. On indictment.	A fine.
A31(10)(a)		2. Summary.	On conviction in England and Wales: a fine. On conviction in Scotland: the statutory maximum.
A31(10)(b)	Authorising or permitting such a failure.	1. On indictment.	2 years or a fine or both.
A31(10)(b)	Authorising or permitting such a failure.	2. Summary.	On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
A32(4)(a)	Company failing to comply with requirements relating to disposal of hire-purchase property.	1. On indictment.	A fine.
A32(4)(a)		2. Summary.	On conviction in England and Wales: a fine. On conviction in Scotland: the statutory maximum.
A32(4)(b)	Authorising or permitting such a failure.	1. On indictment.	2 years or a fine or both.
A32(4)(b)	Authorising or permitting such a failure.	2. Summary.	On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
A32(6)	Directors failing to send to registrar copy of court order permitting disposal of hire-purchase property.	Summary.	Level 3 on the standard scale.
A39(9)	Monitor failing to notify creditors etc of change in monitor.	Summary.	Level 3 on the standard scale.
A46(1)	Fraud or privity to fraud during or in anticipation of moratorium.	1. On indictment.	2 years or a fine or both.
A46(1)		2. Summary.	On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
A46(4)	Knowingly taking in pawn or pledge, or otherwise receiving, company property.	1. On indictment.	2 years or a fine or both.
A46(4)		2. Summary.	On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
A47(1)	False representation or fraud for purpose of obtaining or extending moratorium.	1. On indictment.	2 years or a fine or both.
A47(1)		2. Summary.	On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
A49(5)	Directors failing to notify regulator of qualifying decision procedure in relation to regulated company	1. On indictment.	2 years or a fine or both.
A49(5)		2. Summary.	On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.