Criminal Justice Act 1982

Section 56.

SCHEDULE 6 Schedule to be Inserted as Schedule 7D to the Criminal Procedure (Scotland) Act 1975

SCHEDULE 7D Fines to be Altered other than in Accordance with Sections 289E and 289F

Enactment	Amendment	Present penalty	New penalty
1	2	3	4
The Act 1 & 2 Wm. 4 (c. 43) (as incorporated by, and set out in Schedule C) to, the Roads and Bridges (Scotland) Act 1878 (c. 51))
1. Section 96 (miscellaneous offences of misusing, damaging or obstructing turnpike road, including riding or driving on footways).	For "any sum not exceeding fifty shillings " substitute " a fine not exceeding level 2 on the standard scale ".	(a) for a first offence, £20; (b) for a second or subsequent offence, £50.	£50.
Sea Fisheries (Scotland) Amendment Act 1885 (c. 70)
2. Section 4 (contravention of byelaws prohibiting or regulating trawling).	For "£100, or in the case of a second or subsequent conviction," substitute " level 5 on the standard scale or ", and omit " or a fine not exceeding £200 ".	(a) for a first offence, £100 and forfeiture of fishing gear used in offence; (b) for a second or subsequent offence, £200 or 3 months or both and forfeiture of fishing gear used in offence.	£1,000 or 3 months or both and forfeiture of fishing gear used in offence.
Military Lands Act 1892 (c. 43)
3. Section 17(2) (offences against byelaws).	For " five pounds " substitute " level 2 on the standard scale ".	£20.	£50.
Protection of Animals (Scotland) Act 1912 (c 14)
4. Section 7 (selling poisoned grain or placing on any land any matter rendered poisonous).	For " ten pounds " substitute " level 4 on the standard scale ".	£25.	£500.
Housing (Scotland) Act 1966 (c. 49)
22. Section 184 (obstruction of person exercising power of entry).	For " twenty pounds" substitute " level 3 on the standard scale ".	£20.	£200.
23. Section 185(2) (failure to comply with order regarding execution of works).	Omit " for each day during which the failure continues"; for " twenty pounds" substitute " level 3 on the standard scale ".	£20 per day during which the offence continues.	£200.
Forestry Act 1967 (c. 10)
24. Section 24(4) (failure to comply with felling licence).	For "£50" substitute " level 5 on the standard scale ".	£50.	£1,000.
25. Section 46(5) (offences against byelaws).	In paragraph (a) for " £10" substitute " level 2 on the standard scale ", and in paragraph (b) for " £5 " substitute " level 2 on the standard scale ".	£20 and 50 pence per day during which the offence continues.	£50 and 50 pence per day during which the offence continues.
26. Section 48(3) (obstruction of Forestry Commission officers).	For "£5" substitute " level 3 on the standard scale ".	£20.	£200.
Road Traffic Regulation Act 1967 (c. 76)
27. Section 12(9) (contravention of temporary provisions etc.).	For "£20" substitute " level 3 on the standard scale ".	£20.	£200.
28. Section 31(3) (contravention of order relating to use of off-street parking place).	For "£20" substitute " level 2 on the standard scale ".	£20.	£50.
29. Section 31(3A) (offences under subsection (3) committed in parking place reserved for disabled persons' vehicles).	For "£50" substitute " level 3 on the standard scale ".	£50.	£200.
30. Section 31(5) (plying for hire from a parking place).	For "£20" substitute " level 2 on the standard scale ".	£20.	£50.
31. Section 42(1) (contravention of order relating to use of on-street parking place).	For "£20" substitute " level 2 on the standard scale ".	£20.	£50.
32. Section 42(1A) (offences under subsection (1) committed in street parking place reserved for disabled persons' vehicles).	For "£50" substitute " level 3 on the standard scale ".	£50.	£200.
33. Section 43(3) (contravention of provisions of designation order relating to parking places).	For "£20" substitute " level 2 on the standard scale ".	£20.	£50.
34. Section 80(8) (removal etc. of fixed penalty ticket).	For " £20 " substitute " level 2 on the standard scale ".	£20.	£50.
35. Section 96(2) (offences relating to inquiries).	For " £20 " substitute " level 3 on the standard scale ".	£20.	£200.
Police (Scotland) Act 1967 (c. 77)
36. Section 43(1) (impersonating a police officer).	For "fifty pounds" substitute " level 4 on the standard scale ".	£50 or 3 months.	£500 or 3 months.
37. Section 44(5) (offences by constables).	For " ten pounds" substitute " level 3 on the standard scale ".	£10 or 60 days.	£200 or 60 days.
Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)
38. Section 7(2) (obstructing officer authorised to carry out welfare inspections).	For " twenty pounds " substitute " level 3 on the standard scale ".	£20.	£200.
Sale of Venison (Scotland) Act 1968 (c. 38)
39. Section 1(4) (contravention of provisions regarding registration of venison dealers).	For "£20" substitute " level 3 on the standard scale ".	£20.	£200.
40. Section 2(4) (failure to keep records, etc.).	For "£20" substitute " level 2 on the standard scale ".	£20.	£50.
Sewerage (Scotland) Act 1968 (c. 47)
41. Section 44 (failure to provide information, etc.).	For "£20" substitute " level 3 on the standard scale ".	£20.	£200.
42. Section 48(9) (obstruction of person having right of entry).	For " £20 " substitute " level 3 on the standard scale ".	£20 and £5 per day during which the offence continues.	£200 and £5 per day during which the offence continues.
43. Section 50(3) (unauthorised disclosure of information).	For the words from " £100 " to the end substitute " level 5 on the standard scale ".	£100 or 3 months or both.	£1,000.
Transport Act 1968 (c. 73)
44. Section 97(1) (tachograph offences).	For " £200 " substitute " level 4 on the standard scale ".	£200.	£500.
45. Section 97A(1) (tachograph offences).	For " £200 " substitute " level 4 on the standard scale ".	£200.	£500.
46. Section 97A(2) (failure by employer to secure compliance with section 97A(1)(a)).	For " £200 " substitute " level 4 on the standard scale ".	£200.	£500.
Roads (Scotland) Act 1970 (c. 20)
47. Section 39(7) (obstruction of person exercising right of entry).	For "£20" substitute " level 3 on the standard scale ".	£20 and £5 per day during which the offence continues.	£200 and £5 per day during which the offence continues.
Rent (Scotland) Act 1971 (c. 28)
48. Section 98(2) (failure to provide a rent book, etc.).	For the words from " in respect" to the end substitute " be liable to a fine not exceeding level 4 on the standard scale ".	£10 per week.	£500.
49. Section 127(4) (failure to comply with notice requiring disclosure of name and address of landlord, etc.).	For the words "£5" substitute " level 4 on the standard scale ".	£5.	£500.
50. Section 132(2) (failure to provide a rent book, etc.).	For the words from " in respect" where secondly occurring to the end substitute " be liable to a fine not exceeding level 4 on the standard scale ".	£10 per week.	£500.
Road Traffic Act 1972 (c. 20)
51. Schedule 4 Part I (penalties for offences under the Act)—	In column 4 of that Schedule, in the entry relating in each case to the enactment mentioned in column 1 of that Schedule—
(a) section 36 (driving motor vehicles elsewhere than on roads).	For " £20 " substitute " level 3 on the standard scale ".	£20	£200.
(b) section 51(1) (using, etc., goods vehicle without type approval certificate).	For "£100" substitute " level 4 on the standard scale ".	£100.	£500.
(c) section 60(3) (sale, etc., of unroadworthy vehicle or trailer or altering vehicle or trailer so as to make it unroadworthy).	For "£200" substitute " level 5 on the standard scale ".	£200.	£1,000.
(d) section 60A(1) (fitting of defective or unsuitable vehicle parts).	For " £200 " substitute " level 5 on the standard scale ".	£200.	£1,000.
(e) section 62 (selling, etc., goods vehicle without type approval certificate).	For "£200" substitute " level 5 on the standard scale ".	£200.	£1,000.
(f) section 81(2) (selling, etc., wrongly made tail lamps or reffectors).	For "£50" substitute " level 5 on the standard scale ".	£50.	£1,000.
(g) section 112(1) (driving heavy goods vehicle without HGV licence).	For "£100" substitute " level 4 on the standard scale ".	£100.	£500.
(h) section 112(2) (causing or permitting driving of heavy goods vehicle without HGV licence).	For " £100 " substitute " level 4 on the standard scale ".	£100.	£500.
(i) section 187(2) (failing to attend, give evidence or produce documents to, inquiry held by Secretary of State, etc.).	For "£20" substitute " level 3 on the standard scale ".	£20.	£200.
Road Traffic (Foreign Vehicles) Act 1972 (c 27)
52. Section 3(1) (disobeying prohibition on a goods vehicle).	For " £200 " substitute " level 5 on the standard scale ".	£200.	£1,000.
Education (Scotland) Act 1980 (c. 44)
53. Section 43(1) (contravention of section 35, 41 or 42).	For the words from " in the case " where first occurring to "£50" where thirdly occurring substitute " to a fine not exceeding level 3 on the standard scale ".	(a) for a first offence, £50; (b) for a second offence, £50; (c) for a third or subsequent offence £50 or 1 month or both.	£200 or 1 month or both.
54. Section 66(3) (obstruction of inspectors).	For the words from " £20 " to " £50 " substitute " level 4 on the standard scale ".	(a) for a first offence, £20; (b) for a second or subsequent offence, £50 or 3 months or both.	£500 or 3 months or both.
55. Section 98(2) (failure to register independent school, etc.).	For the words from " £20 " to " £50 " substitute " level 4 on the standard scale ".	(a) for a first offence, £20; (b) for a second or subsequent offence, £50 or 3 months or both.	£500 or 3 months or both.
56. Section 101(2) (using disqualified premises).	For the words from " £20 " to " £50 " substitute " level 4 on the standard scale ".	(a) for a first offence, £20; (b) for a second or subsequent offence, £50 or 3 months or both.	£500 or 3 months or both.
57. Section 101(3) (disqualified person acting as proprietor of independent school, etc.).	For the words from " £20 " to " £50 " substitute " level 4 on the standard scale ".	(a) for a first offence, £20; (b) for a second or subsequent offence, £50 or 3 months or both.	£500 or 3 months or both.
Water (Scotland) Act 1980 (c. 45)
58. Section 38(7) (obstruction of person exercising power of entry).	For "£25" substitute " level 3 on the standard scale ".	£25.	£200.
59. Section 64(2) (failure to provide information, etc.).	For "£25" substitute " level 3 on the standard scale ".	£25.	£200.
60. Section 72(3) (penalty which may be provided for contravention of byelaws).	For " the sum of £400 " substitute " level 4 on the standard scale ".	£400 and £50 per day during which the offence continues.	£500 and £50 per day during which the offence continues.
61. Section 93(7) (failure to provide information, etc.).	For " £200 " substitute " level 4 on the standard scale ".	£200 and £20 per day during which the offence continues.	£500 and £20 per day during which the offence continues.
62. Paragraph 10(3) of Schedule 4 (offences relating to construction of reservoirs).	For the words from "£50" where first occurring to " continued" substitute " level 3 on the standard scale	£50 per day during which the offence is committed or continues.	£200.
63. Paragraph 28 of Schedule 4 (obstruction of person exercising power of entry).	For the words "£25" substitute " level 3 on the standard scale ".	£25.	£200.
Criminal Justice (Scotland) Act 1980 (c. 62)
64. Section 9(2) (penalty for failure to attend for precognition).	For "£50" substitute " level 3 on the standard scale ".	£50 or 21 days.	£200 or 21 days.