SCHEDULES
SCHEDULE 2Trading schemes
Part 3Administration and enforcement
Offences
30
1
The regulations may create offences relating to trading schemes.
2
The regulations may provide for such an offence to be triable—
a
only summarily, or
b
either summarily or on indictment.
3
The regulations may provide for such an offence to be punishable on summary conviction—
a
with imprisonment for a term not exceeding such period as is specified in the regulations (which may not exceed the normal maximum term),
b
with a fine not exceeding such amount as is so specified (which may not exceed £50,000), or
c
with both.
4
The “normal maximum term” means—
a
in relation to England and Wales—
i
in the case of an offence triable only summarily, 51 weeks, and
ii
in the case of an offence triable either summarily or on indictment, twelve months;
b
in relation to Scotland—
i
in the case of an offence triable only summarily, 6 months, and
ii
in the case of an offence triable either summarily or on indictment, twelve months;
c
in relation to Northern Ireland, six months.
5
Regulations that—
a
are made before the date on which section 281(5) of the Criminal Justice Act 2003 (c. 44) comes into force, and
b
in relation to England and Wales, make provision for a summary offence to be punishable with a term of imprisonment exceeding six months,
must provide that, where the offence is committed before that date, it is punishable with imprisonment for a term not exceeding six months.
6
Regulations that—
a
are made before F12 May 2022, and
b
in relation to England and Wales, make provision for an offence triable either summarily or on indictment to be punishable on summary conviction with a term of imprisonment exceeding six months,
must provide that, where the offence is committed before that date, it is punishable on summary conviction with imprisonment for a term not exceeding six months.
7
The regulations may provide for an offence to be punishable on indictment—
a
with imprisonment for a term not exceeding such period as is specified in the regulations (which may not exceed five years),
b
with a fine, or
c
with both.
8
The regulations may—
a
provide for defences against offences, and
b
make provision about matters of procedure and evidence in proceedings relating to offences.