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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