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SCHEDULE 2SControlled activities regulations: particular purposes

Part 2SSupplementary provisions

16The regulations may provide for specified provisions of the regulations to have effect in relation only to—

(a)specified controlled activities,

(b)the carrying on of controlled activities in specified circumstances, or

(c)the carrying on of controlled activities by specified persons or descriptions of persons.

Commencement Information

I1Sch. 2 para. 16 in force at 20.5.2005 by S.S.I. 2005/256, art. 2(c)

17General binding rules may—

(a)impose conditions or requirements,

(b)prescribe standards or objectives to be complied with or achieved,

(c)require standards or objectives specified in or under other enactments to be complied with or achieved.

Commencement Information

I2Sch. 2 para. 17 in force at 20.5.2005 by S.S.I. 2005/256, art. 2(c)

18In connection with the imposition of conditions as mentioned in paragraph 5(6) the regulations may in particular provide—

(a)for such conditions to be imposed in the light of any specified general principles and any directions or guidance given under the regulations,

(b)for such guidance to include guidance sanctioning reliance by a regulator on any arrangements referred to in the guidance to operate to secure a particular result as an alternative to imposing a condition,

(c)for such conditions to be imposed by reference to agreements between or among holders of licences as to the carrying on by them of the controlled activities authorised by the licences.

Commencement Information

I3Sch. 2 para. 18 in force at 20.5.2005 by S.S.I. 2005/256, art. 2(c)

19The regulations may—

(a)require any such scheme as is mentioned in paragraph 7 to be so framed that the fees and charges payable under the scheme—

(i)are determined in the light of any specified general principles and any directions or guidance given under the regulations,

(ii)are sufficient, taking one year with another, to cover such expenditure (whether or not incurred by the regulator to whom they are so payable) as is specified,

(b)authorise any such scheme to make different provision for different cases (and specify particular kinds of such cases).

Commencement Information

I4Sch. 2 para. 19 in force at 20.5.2005 by S.S.I. 2005/256, art. 2(c)

20(1)The regulations may provide for any such offence as is mentioned in paragraph 12 to be triable—S

(a)only summarily,

(b)either summarily or on indictment.

(2)The regulations may provide for such an offence to be punishable—

(a)on summary conviction by—

(i)imprisonment for a term not exceeding such period as is specified (which must not exceed 6 months), or

(ii)a fine not exceeding such amount as is specified (which must not exceed [F1£40,000]),

or both,

(b)on conviction on indictment by—

(i)imprisonment for a term not exceeding such period as is specified (which must not exceed 5 years), or

(ii)a fine,

or both.

(3)The regulations may provide for continuing offences and for any such offences to be punishable by a daily or other periodic fine of such amount as is specified (in addition to any punishment provided for in pursuance of sub-paragraph (2)).

(4)The Scottish Ministers may by order substitute for the sum for the time being specified in sub-paragraph (2)(a)(ii) such other sum as appears to them to be justified by a change in the value of money appearing to them to have taken place since the last occasion on which the sum was fixed.

Textual Amendments

F1Word in Sch. 2 para. 20(2)(a)(ii) substituted (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 145(2), Sch. 2 para. 6; S.S.I. 2004/420, art. 3, Sch. 1

Commencement Information

I5Sch. 2 para. 20 in force at 20.5.2005 by S.S.I. 2005/256, art. 2(c)

21In this schedule—

Commencement Information

I6Sch. 2 para. 21 in force at 20.5.2005 by S.S.I. 2005/256, art. 2(c)