Regulation 48 Penalties for offencesI1I2
United Kingdom
A person who commits an offence under any provision of Part 3 (Finance) F1, F2regulation 29D(A1) to (3) (aircraft offences), 29F (prohibition on port entry), 29G(4) (directions prohibiting port entry), 29H(3) (movement of ships) or or regulation 35 (finance: licensing offences), is liable—
on summary conviction in England and Wales, to imprisonment for a term not exceeding F3the general limit in a magistrates’ court or a fine (or both);
on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine (or both).
A person who commits an offence under any provision of Part 5 (Trade) is liable—
on summary conviction in England and Wales, to imprisonment for a term not exceeding F4the general limit in a magistrates’ court or a fine (or both);
on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
on conviction on indictment, to imprisonment for a term not exceeding 10 years or a fine (or both).
A person who commits an offence under regulation 9(6) (confidentiality), F535A (director disqualification: licensing offences), F636 (trade: licensing offences) and 36A (aircraft: licensing offences), 44(6) or 45(5) (offences in connection with trade licences) is liable—
on summary conviction in England and Wales, to imprisonment for a term not exceeding F7the general limit in a magistrates’ court or a fine (or both);
on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).
A person who commits an offence under regulation F829D(4) (confidentiality), F929G(6) (directions prohibiting port entry: confidentiality), 29H(5) (movement of ships: confidentiality), 38(6) F10, F1138A(6) (designated persons: reporting obligations), 42 (information offences in connection with Part 3) F12, or 45B (internet services: information offences) is liable—
on summary conviction in England and Wales, to imprisonment for a term not exceeding 6 months or a fine (or both);
on summary conviction in Scotland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both);
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).
Annotations
Textual amendments
- F1
Words in reg. 48(1) inserted (14.10.2021 at noon) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/1146), regs. 1(2), 30(a)
- F2
Words in reg. 48(1) substituted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 40(a)(i)
- F3
Words in reg. 48(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
- F4
Words in reg. 48(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
- F5
Words in reg. 48(3) inserted (16.5.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments and Revocations) Regulations 2024 (S.I. 2024/643), regs. 1(2), 4(17)(a)
- F6
Words in reg. 48(3) substituted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 40(a)(ii)
- F7
Words in reg. 48(3)(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
- F8
Words in reg. 48(4) inserted (14.10.2021 at noon) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/1146), regs. 1(2), 30(b)
- F9
Words in reg. 48(4) inserted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 40(a)(iii)
- F10
Reg. 48(4): comma substituted for word (9.6.2023) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/616), regs. 1(2), 18(a)
- F11
Words in reg. 48(4) inserted (16.5.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments and Revocations) Regulations 2024 (S.I. 2024/643), regs. 1(2), 4(17)(b)
- F12
Words in reg. 48(4) inserted (9.6.2023) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/616), regs. 1(2), 18(b)
- F13
Words in reg. 48(5) 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
- F14
Words in reg. 48(5) 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
Commencement
- I1
Reg. 48 not in force at made date, see reg. 1(2)
- I2
Reg. 48 in force at 31.12.2020 by S.I. 2019/627, reg. 12(2); 2020 c. 1, Sch. 5 para. 1(1)