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. ”