Regulatory Reform (Scotland) Act 2014

Offences

31 (1) The regulations may provide for any such offence as is mentioned in paragraph 19 to be triable—

(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 12 months),

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

(iii) 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),

(ii) a fine, or

(iii) 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.

(5) An order under sub-paragraph (4) is not to affect the punishment for an offence committed before that order comes into force.