OpenLegislation

Regulation 79 Penalties for offencesI1

United Kingdom

(1)

A person who commits an offence under any provision of Part 3 (Finance) F1... or regulation 65 (finance: licensing offences), is liable—

(a)

on summary conviction in England and Wales, to imprisonment for a term not exceeding F2the general limit in a magistrates’ court or a fine (or both);

(b)

on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(c)

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);

(d)

on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine (or both).

(2)

A person who commits an offence under any provision of Part 5 (Trade) is liable—

(a)

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);

(b)

on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(c)

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);

(d)

on conviction on indictment, to imprisonment for a term not exceeding 10 years or a fine (or both).

(3)

A person who commits an offence under regulation 9(6) (confidentiality), F4... F565A (director disqualification: licensing offences), 66 (trade: licensing offences), F6... 75(6) or 76(5) (information offences in connection with trade licences) is liable—

(a)

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);

(b)

on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(c)

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);

(d)

on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).

(4)

A person who commits an offence under regulation F8... 69(6) (finance: reporting obligations) or 73 (information offences in connection with Part 3) is liable—

(a)

on summary conviction in England and Wales, to imprisonment for a term not exceeding 6 months or a fine (or both);

(b)

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);

(c)

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).

F9(4A)

A person who commits an offence under regulation 57(6) (exceptions relating to petroleum products: notification requirement) is liable—

(a)

on summary conviction in England and Wales, to a fine;

(b)

on summary conviction in Scotland, to a fine not exceeding level 5 on the standard scale;

(c)

on summary conviction in Northern Ireland, to a fine not exceeding level 5 on the standard scale.

(5)

In relation to an offence committed before F102nd May 2022 the reference in each of paragraphs (1)(a), (2)(a) and (3)(a) to F11the general limit in a magistrates’ court is to be read as a reference to 6 months.

Annotations

Textual amendments

F1

Words in reg. 79(1) omitted (25.4.2025) by virtue of The Syria (Sanctions) (EU Exit) (Amendment) Regulations 2025 (S.I. 2025/507), regs. 1(2), 22(a)

F2

Words in reg. 79(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

F3

Words in reg. 79(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

F4

Words in reg. 79(3) omitted (31.7.2024) by virtue of The Syria (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2024 (S.I. 2024/833), regs. 1(2), 2(4)(a), 3

F5

Words in reg. 79(3) inserted (16.5.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments and Revocations) Regulations 2024 (S.I. 2024/643), regs. 1(2), 7(9)

F6

Words in reg. 79(3) omitted (25.4.2025) by virtue of The Syria (Sanctions) (EU Exit) (Amendment) Regulations 2025 (S.I. 2025/507), regs. 1(2), 22(b)

F7

Words in reg. 79(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. 79(4) omitted (25.4.2025) by virtue of The Syria (Sanctions) (EU Exit) (Amendment) Regulations 2025 (S.I. 2025/507), regs. 1(2), 22(c)

F9

Reg. 79(4A) inserted (31.7.2024) by The Syria (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2024 (S.I. 2024/833), regs. 1(2), 2(4)(b), 3

F10

Words in reg. 79(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

F11

Words in reg. 79(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. 79 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)