{
  "url": "https://openlegislation.uk/regulatory-enforcement-and-sanctions-act-2008/section-39",
  "json_url": "https://openlegislation.uk/regulatory-enforcement-and-sanctions-act-2008/section-39.json",
  "legislation": "ukpga/2008/13",
  "legislation_title": "Regulatory Enforcement and Sanctions Act 2008",
  "legislation_url": "https://openlegislation.uk/regulatory-enforcement-and-sanctions-act-2008",
  "path": "section/39",
  "kind": "section",
  "number": "39",
  "heading": "Fixed monetary penalties",
  "text": "(1) 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.\n(2) 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.\n(3) For the purposes of this Part a “fixed monetary penalty” is a requirement to pay to a regulator a penalty of a prescribed amount.\n(4) Where the relevant offence is—\n(a) triable summarily (whether or not it is also triable on indictment), and\n(b) punishable on summary conviction by a fine (whether or not it is also punishable by a term of imprisonment),\nthe amount of the fixed monetary penalty may not exceed the maximum amount (if any) of that fine.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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))"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "S. 39(4) excluded (15.2.2011) by Waste (Wales) Measure 2010 (nawm 8), ss. 10(3)(a), 21(2)"
    },
    {
      "type": "C",
      "label": "C2",
      "text": "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))"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2008/13/section/39",
    "retrieved_at": "2026-11-05T03:34:57.307426+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}