Section 39 Fixed monetary penalties
United Kingdom
The provision which may be made under this section is provision to confer on a regulator the power by notice to impose a fixed monetary penalty on a person in relation to a relevant offence.
Provision under this section may only confer such a power in relation to a case where the regulator is satisfied beyond reasonable doubt that the person has committed the relevant offence.
For the purposes of this Part a “fixed monetary penalty” is a requirement to pay to a regulator a penalty of a prescribed amount.
Where the relevant offence is—
triable summarily (whether or not it is also triable on indictment), and
punishable on summary conviction by a fine (whether or not it is also punishable by a term of imprisonment),
the amount of the fixed monetary penalty may not exceed the maximum amount F1(if any) of that fine.
Annotations
Textual amendments
- F1
Words in s. 39(4) inserted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 5 para. 12(2) (with reg. 5(1))
Modifications
- C1
S. 39(4) excluded (15.2.2011) by Waste (Wales) Measure 2010 (nawm 8), ss. 10(3)(a), 21(2)
- C2
S. 39(4) excluded by 2010 nawm 8, s. 10(3) (as substituted (E.W.) (18.10.2023) by Environment (Wales) Act 2016 (anaw 3), ss. 68(6), 88(3)(b); S.I. 2023/1096, art. 2(c))
Notes on Part 3
Modifications
- C1
Pt. 3 modified (21.1.2010) by Video Recordings Act 2010 (c. 1), s. 2(2), Sch. para. 5 (with Sch. para. 2(2)6)
- C2
Pt. 3 modified (18.10.2023) by Environment (Wales) Act 2016 (anaw 3), ss. 68(1), 88(3)(b); S.I. 2023/1096, art. 2(c)