Article 105A PenaltiesF1
The appropriate authority may, by regulations, lay down the rules on penalties applicable to infringements of this Regulation F2, of legislation made using the powers included in this Regulation, or of any other legislation which is used for the enforcement or implementation of such legislation or this Regulation. The penalties provided for must be effective, proportionate and dissuasive.
Regulations under this Article may create offences.
Regulations may provide for an offence under the regulations to be triable—
summarily, or
either summarily or on indictment.
Regulations may provide for an offence under the regulations that is triable either way to be punishable—
on summary conviction in England and Wales, with imprisonment for a term not exceeding three months or a fine (or both);
on summary conviction in Scotland, with imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum (or both);
on conviction on indictment, with imprisonment for a term not exceeding two years or a fine (or both).
Regulations may provide for a summary offence under the regulations to be punishable—
in England and Wales, with imprisonment for a term not exceeding three months or a fine (or both);
in Scotland, with imprisonment for a term not exceeding three months or a fine not exceeding level 5 on the standard scale (or both).
Annotations
Textual amendments
- F1
Art. 105A inserted (13.12.2022) by The Animals and Animal Health, Feed and Food, Plants and Plant Health (Amendment) Regulations 2022 (S.I. 2022/1315), regs. 1(1), 2
- F2
Words in Art. 105A(1) substituted (10.2.2025) by The Official Controls (Amendment) Regulations 2025 (S.I. 2025/102), regs. 1(1)(b), 46(4)