Regulation 19 Amendment of regulation 39 (penalties)

in paragraph (1), for “A person” substitute “Subject to paragraph (1A), a person”;

after paragraph (1) insert—

“(1A)

A person guilty of offence under regulation 38(1), (2) or (3) in respect of a flood risk activity is liable—

(a)

on summary conviction to a fine or imprisonment for a term not exceeding 12 months, or to both;

(b)

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

in paragraph (2), for “paragraph (1)(a) has” substitute “paragraphs (1)(a) and (1A)(a) have”.