OpenLegislation

Regulation 110 Penalties for offencesI1I2

United Kingdom

(1)

A person who commits an offence under any provision of Part 4 (Finance), regulation 67(1) to (4) (aircraft: offences), regulations 69 to 71, 72(4), 73(7), 74, 76 or F178 (ships: offences) or regulation 95 (finance: licensing offences) is liable—

(a)

on summary conviction in England and Wales, to imprisonment for a term not exceeding F2the general limit in a magistrates’ court or a fine (or both);

(b)

on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(c)

on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);

(d)

on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine (or both).

(2)

A person who commits an offence under any provision of Part 6 (Trade) is liable—

(a)

on summary conviction in England and Wales, to imprisonment for a term not exceeding F3the general limit in a magistrates’ court or a fine (or both);

(b)

on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(c)

on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);

(d)

on conviction on indictment, to imprisonment for a term not exceeding 10 years or a fine (or both).

(3)

A person who commits an offence under regulation 9(6) (confidentiality), F495A (director disqualification: licensing offences), 96 (trade: licensing offences), 97 (ships and aircraft: licensing offences), 106(6) or 107(5) (information offences in connection with general trade licences) is liable—

(a)

on summary conviction in England and Wales, to imprisonment for a term not exceeding F5the general limit in a magistrates’ court or a fine (or both);

(b)

on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(c)

on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);

(d)

on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).

(4)

A person who commits an offence under regulation 67(5), 72(6) or 73(9) (confidentiality), 99(6) (finance: reporting obligations), 101 (proliferation financing) or 104 (information offences in connection with Part 4) is liable—

(a)

on summary conviction in England and Wales, to imprisonment for a term not exceeding 6 months or a fine (or both);

(b)

on summary conviction in Scotland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both);

(c)

on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

(5)

In relation to an offence committed before F62nd May 2022, the reference in each of paragraphs (1)(a), (2)(a) and (3)(a) to F7the general limit in a magistrates’ court is to be read as a reference to 6 months.

Annotations

Textual amendments

F1

Word in reg. 110(1) substituted (31.12.2020) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/843), regs. 1(2), 2(2); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in reg. 110(1)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(2), Sch. Pt. 2

F3

Words in reg. 110(2)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(2), Sch. Pt. 2

F4

Words in reg. 110(3) inserted (5.6.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/644), regs. 1(2), 2(9)

F5

Words in reg. 110(3)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(2), Sch. Pt. 2

F6

Words in reg. 110(5) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(2), Sch. Pt. 2

F7

Words in reg. 110(5) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(2), Sch. Pt. 2

Commencement

I1

Reg. 110 not in force at made date, see reg. 1(2)

I2

Reg. 110 in force at 31.12.2020 by S.I. 2019/627, reg. 7(2); 2020 c. 1, Sch. 5 para. 1(1)