Regulation 49 Penalties for offencesI1I2
United Kingdom
A person who commits an offence under any provision of Part 3 (finance) or regulation 36 (finance: licensing offences), is liable—
on summary conviction in England and Wales, to imprisonment for a term not exceeding F1the 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 F2the 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), F336A (director disqualification: licensing offences), 37, 45(6) or 46(5) (offences in connection with trade licences) 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 2 years or a fine (or both).
A person who commits an offence under regulation 39(6) or 43 (information offences in connection with Part 3) 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. 49(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
- F2
Words in reg. 49(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
- F3
Words in reg. 49(3) inserted (16.5.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments and Revocations) Regulations 2024 (S.I. 2024/643), regs. 1(2), 5(9)
- F4
Words in reg. 49(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
- F5
Words in reg. 49(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
- F6
Words in reg. 49(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. 49 not in force at made date, see reg. 1(2)
- I2
Reg. 49 in force at 31.12.2020 by S.I. 2019/627, reg. 13(2); 2020 c. 1, Sch. 5 para. 1(1)