40Increase in penalties for summary offences under 1991 ActE+W
(1)The maximum fine for each offence under a provision of the New Roads and Street Works Act 1991 (c. 22) (in this Part referred to as “the 1991 Act”) listed in column 1 of the table in Schedule 1 is increased from level 3 on the standard scale to the level specified for that provision in column 3 of the table.
(2)Accordingly, in each provision so listed, for “level 3” there is substituted “ level 4 ” or “level 5” (as specified in column 3 of the table).
(3)In section 70(6) of the 1991 Act, for the words from “to a” to the end there is substituted—
“(a)in the case of an offence consisting of a failure to comply with subsection (3) or (4A), to a fine not exceeding level 4 on the standard scale; and
(b)in any other case, to a fine not exceeding level 5 on that scale.”
(4)In section 74(7B) and 74A(11) of the 1991 Act (maximum fine for offences in regulations in respect of failure to comply with notice requirement) for “level 3” there is substituted “ level 4 ”.
(5)In section 88(6) of the 1991 Act (failure to comply with duties relating to street works affecting the structure of a bridge) for the words from “to a” to the end there is substituted—
“(a)in the case of an offence consisting of a failure to take all reasonably practicable steps to comply with subsection (5)(a), to a fine not exceeding level 4 on the standard scale; and
(b)in any other case, to a fine not exceeding level 5 on that scale.”
Commencement Information
I1S. 40(1)(2) in force at 4.10.2004 for E. by S.I. 2004/2380, art. 2(d)(i) (with art. 3)
I2S. 40(1)(2)(4)(5) in force at 26.11.2007 for W. by S.I. 2007/3174, art. 2, Sch. (with art. 4)
I3S. 40(3) in force at 4.10.2004 for specified purposes for E. by S.I. 2004/2380, art. 2(d)(ii) (with art. 3)
I4S. 40(3) in force at 26.11.2007 for specified purposes for W. and 1.4.2008 for W. in so far as not already in force by S.I. 2007/3174, art. 2, Sch. (with art. 4)
I5S. 40(3) in force at 1.4.2008 for E. in so far as not already in force by S.I. 2007/1890, art. 2, Sch.
I6S. 40(4)(5) in force at 4.10.2004 for E. by S.I. 2004/2380, art. 2(d)(iii) (with art. 3)