Regulation 39 Penalties and enforcement undertakings

(1)

Subject to paragraph (2), a person guilty of an offence under regulation 38(1), (2) or (3) is liable—

(a)

on summary conviction to a fine or imprisonment for a term not exceeding F1the general limit in a magistrates’ court, or to both;

(b)

on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years, or to both.

(2)

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 F2the general limit in a magistrates’ court, or to both;

(b)

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

(3)

In relation to an offence committed before F32nd May 2022 , paragraphs (1)(a) and (2)(a) have effect as if for “F4the general limit in a magistrates’ court” there were substituted “ 6 months ”.

(4)

A person guilty of an offence under regulation 38(4) is liable—

(a)

on summary conviction to a fine;

(b)

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

(5)

An establishment or undertaking guilty of an offence under regulation 38(5) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(6)

Schedule 26 (enforcement undertakings) has effect.

F5(7)

Schedule 26A (Variable monetary penalties (England)) has effect.

Annotations

Textual amendments

F1: Words in reg. 39(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
F2: Words in reg. 39(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
F3: Words in reg. 39(3) 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
F4: Words in reg. 39(3) 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
F5: Reg. 39(7) inserted (E.) (1.12.2023) by The Environmental Permitting (England and Wales) (Amendment) (England) (No. 2) Regulations 2023 (S.I. 2023/1046), regs. 1(1), 3