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SCHEDULE 4Consequential amendments: fines or maximum fines of numerical amounts of £5,000 or more

Part 1

Other Legislation

Merchant Shipping (Prevention of Oil Pollution) Order 1983 (S.I. 1983/1106)

47.  In article 4 of the Merchant Shipping (Prevention of Oil Pollution) Order 1983, in the words in brackets, for “on summary conviction to a fine not exceeding £50,000 or on conviction on indictment to a fine” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Sea Fishing (Enforcement of Community Measures for Spanish and Portuguese Vessels) Order 1986 (S.I. 1986/110)

48.  In article 7 of the Sea Fishing (Enforcement of Community Measures for Spanish and Portuguese Vessels) Order 1986 (obstruction of officers), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Merchant Shipping (Prevention and Control of Pollution) Order 1987 (S.I. 1987/470)

49.  In article 5 of the Merchant Shipping (Prevention and Control of Pollution) Order 1987 (penalties)(1), in paragraph (1)—

(a)in the words in brackets, for “on summary conviction to a fine not exceeding £250,000 or on conviction on indictment to a fine” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(b)omit “as if in subsection (3)(a) for “£250,000” there were substituted “£25,000””.

Planning (Hazardous Substances) Regulations 1992 (S.I. 1992/656)

50.  In Part 5 of Schedule 4 to the Planning (Hazardous Substances) Regulations 1992 (sections of the Principal Act as modified), in the modified version of section 179 of the Town and Country Planning Act 1990 as set out there, in subsection (8), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Fishing Boats (Marking and Documentation) (Enforcement) Order 1993 (S.I. 1993/2015)

51.  In article 8 of the Fishing Boats (Marking and Documentation) (Enforcement) Order 1983 (obstruction of officers), in paragraph (c), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Merchant Shipping (Survey and Certification) Regulations 1995 (S.I. 1995/1210)

52.  In regulation 24 of the Merchant Shipping (Survey and Certification) Regulations 1995 (penalties), in paragraph (5), for “a fine not exceeding £50,000” substitute “a fine”.

Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996 (S.I. 1996/75)

53.  In regulation 6 of the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996 (penalties), in paragraph (1), for the words following “on summary conviction” substitute “by a fine”.

Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996 (S.I. 1996/282)

54.  In article 3 of the Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996, in the words in brackets, for “on summary conviction to a fine not exceeding £50,000 or on conviction on indictment to a fine” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 (S.I. 1996/2154)

55.—(1) Regulation 36A of the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996(2) (penalties for contravening regulations 12, 13 and 16) is amended as follows.

(2) In paragraph (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(3) In paragraph (2), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996 (S.I. 1996/3010)

56.—(1) Regulation 14 of the Merchant Shipping (Dangerous or Noxious Liquid Substances In Bulk) Regulations 1996 (penalties)(3) is amended as follows.

(2) In paragraph (1ZA), for the words following “punishable” substitute “on summary conviction, or on conviction on indictment, by a fine”.

(3) In paragraph (1A), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Merchant Shipping (Compulsory Insurance: Ships Receiving Trans-shipped Fish) Regulations 1998 (S.I. 1998/209)

57.  In regulation 8 of the Merchant Shipping (Compulsory Insurance: Ships Receiving Trans-shipped Fish) Regulations 1998 (penalties), in paragraph (1), for “a fine not exceeding £50,000” substitute “a fine”.

The Water Protection Zone (River Dee Catchment) Designation Order 1999 (S.I. 1999/915)

58.  In article 5 of The Water Protection Zone (River Dee Catchment) Designation Order 1999 (contravention of protection zone control), in paragraph (2)(a), for “a fine not exceeding £20,000” substitute “a fine”.

Sea Fishing (Enforcement of Community Control Measures) Order 2000 (S.I. 2000/51)

59.—(1) The Sea Fishing (Enforcement of Community Control Measures) Order 2000 is amended as follows.

(2) In article 4 (penalties)(4)—

(a)in paragraph (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(b)in paragraph (3), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(c)in paragraph (4), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(3) In article 10 (obstruction etc), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(4) In the Schedule (community control measures, contravention of which constitutes an offence), omit column 4 of the table (maximum fine on summary conviction).

Sea Fishing (Enforcement of Community Control Measures) (Wales) Order 2000 (S.I. 2000/1075)

60.—(1) The Sea Fishing (Enforcement of Community Control Measures) (Wales) Order 2000 is amended as follows.

(2) In article 4 (penalties)—

(a)in the English language text, in paragraph (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(b)in the English language text, in paragraph (3), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(c)in the Welsh language text, in paragraph (1), for the words following “yn agored” substitute “o’i gollfarnu’n ddiannod, neu o’i gollfarnu ar dditiad, i ddirwy”;

(d)in the Welsh language text, in paragraph (3), for the words following “yn agored” substitute “o’i gollfarnu’n ddiannod, neu o’I gollfarnu ar dditiad, i ddirwy”.

(3) In the Schedule (community control measures, contravention of which constitutes an offence), omit column 4 of the table (maximum fine on summary conviction).

Sea Fishing (Enforcement of Community Conservation Measures) Order 2000 (S.I. 2000/1081)

61.—(1) The Sea Fishing (Enforcement of Community Conservation Measures) Order 2000 is amended as follows.

(2) In article 4 (penalties)—

(a)in paragraph (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(b)in paragraph (2) for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(3) In article 11 (obstruction of officers), for the words following liable substitute “on summary conviction, or on conviction on indictment, to a fine”.

(4) In the Schedule (maximum fines on summary conviction apart from fines related to value of fish)—

(a)omit column 3 of the table (maximum fine on summary conviction);

(b)for the heading substitute “Specified Community Measures”.

Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (Wales) Order 2000 (S.I. 2000/1096)

62.—(1) The Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (Wales) Order 2000 is amended as follows.

(2) In article 4 (penalties)—

(a)in the English language text, in paragraph (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(b)in the English language text, in paragraph (2), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(c)in the Welsh language text, in paragraph (1), for the words following “yn agored” substitute “o’i gollfarnu’n ddiannod, neu o’i gollfarnu ar dditiad, i ddirwy”;

(d)in the Welsh language text, in paragraph (2), for the words following “yn agored” substitute “o’i gollfarnu’n ddiannod, neu o’i gollfarnu ar dditiad, i ddirwy”.

(3) In article 10 (obstruction of officers)—

(a)in the English language text, for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(b)in the Welsh language text, for the words following “yn agored” substitute “o’i gollfarnu’n ddiannod, neu o’i gollfarnu ar dditiad, i ddirwy”.

(4) In Schedule 1 (specified community provisions applicable to community vessels and maximum fines on summary conviction)—

(a)omit column 3 of the table (maximum fine on summary conviction);

(b)in the English language text, in the heading omit “and maximum fines on summary conviction”;

(c)in the Welsh language text, in the heading omit “ac uchafswm y ddirwy ar gollfarniad diannod”.

(5) In Schedule 2 (specified community provisions applicable to community vessels and maximum fines on summary conviction)—

(a)omit column 3 of the table (maximum fine on summary conviction);

(b)in the English language text, in the heading omit “and maximum fines on summary conviction”;

(c)in the Welsh language text, in the heading omit “ac uchafswm y ddirwy ar gollfarniad diannod”.

Sea Fishing (North-East Atlantic Control Measures) Order 2000 (S.I. 2000/1843)

63.—(1) The Sea Fishing (North-East Atlantic Control Measures) Order 2000 is amended as follows.

(2) In article 5 (penalties)—

(a)in paragraph (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(b)in paragraph (2), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(3) In article 10 (obstruction of officers), for the words following liable substitute “on summary conviction, or on conviction on indictment, to a fine”.

(4) In article 14 (penalties)—

(a)in paragraph (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(b)in paragraph (2), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(5) In article 19 (obstruction of officers), for the words following liable substitute “on summary conviction, or on conviction on indictment, to a fine”.

(6) In the Schedule (maximum fines on summary conviction apart from fines related to value of fish)—

(a)omit column 3 of the table (maximum fine on summary conviction);

(b)for the heading substitute “Specified Community Measures”.

Sea Fishing (Enforcement of Community Conservation Measures) (Wales) Order 2000 (S.I. 2000/2230)

64.—(1) The Sea Fishing (Enforcement of Community Conservation Measures) (Wales) Order 2000 is amended as follows.

(2) In article 4 (penalties)—

(a)in the English language text, in paragraph (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(b)in the English language text, in paragraph (2), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(c)in the Welsh language text, in paragraph (1), for the words following “yn agored” substitute “o’i gollfarnu’n ddiannod, neu o’i gollfarnu ar dditiad, i ddirwy”;

(d)in the Welsh language text, in paragraph (2), for the words following “yn agored” substitute “o’i gollfarnu’n ddiannod, neu o’i gollfarnu ar dditiad, i ddirwy”.

(3) In article 11 (obstruction of officers)—

(a)in the English language text, for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(b)in the Welsh language text, for the words following “yn agored” substitute “o’i gollfarnu’n ddiannod, neu o’i gollfarnu ar dditiad, i ddirwy”.

(4) In the Schedule (maximum fines on summary conviction (apart from fines related to value of fish))—

(a)omit column 3 of the table (maximum fine on summary conviction);

(b)in the English language text, for the heading substitute “Specified Community Measures”;

(c)in the Welsh language text, for the heading substitute “Mesurau Cymunedol Penodedig”.

Offshore Installations (Emergency Pollution Control) Regulations 2002 (S.I. 2002/1861)

65.  In regulation 5 of the Offshore Installations (Emergency Pollution Control) Regulations 2002 (offences), in paragraph (4), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Sea Fishing (Restriction on Days at Sea) (No 2) Order 2003 (S.I. 2003/1535)

66.  In article 12 of the Sea Fishing (Restriction on Days at Sea) (No 2) Order 2003 (penalties), in paragraph (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Sea Fishing (Enforcement of Community Satellite Monitoring Measures) Order 2004 (S.I. 2004/3226)

67.  In article 15 of the Sea Fishing (Enforcement of Community Satellite Monitoring Measures) Order 2004 (penalties), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Incidental Catches of Cetaceans in Fisheries (England) Order 2005 (S.I. 2005/17)

68.—(1) The Incidental Catches of Cetaceans in Fisheries (England) Order 2005 is amended as follows.

(2) In article 5 (penalties), in paragraph (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(3) In article 11 (obstruction of officers), in paragraph (2), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(4) In the Schedule (specified community provisions and maximum fines on summary conviction)—

(a)omit column 3 of the table (maximum fine on summary conviction);

(b)in the heading omit “and maximum fines on summary conviction”.

Railways (Accident Investigation and Reporting) Regulations 2005 (S.I. 2005/1992)

69.—(1) Regulation 16 of the Railways (Accident Investigation and Reporting) Regulations 2005 (offences) is amended as follows.

(2) In paragraph (1), for “a fine not exceeding £20,000” substitute “a fine”.

(3) In paragraph (2), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Wales) Order 2006 (S.I. 2006/2798)

70.  In article 15 of the Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Wales) Order 2006 (penalties)—

(a)in the English language text, for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(b)in the Welsh language text, for the words following “yn agored” substitute “o’i gollfarnu’n ddiannod, neu o’i gollfarnu ar dditiad, i ddirwy”.

Merchant Shipping (Prevention of Pollution by Sewage and Garbage) Order 2006 (S.I. 2006/2950)

71.  In article 6 of the Merchant Shipping (Prevention of Pollution by Sewage and Garbage) Order 2006 (application and modification of section 131(3) of the Merchant Shipping Act 1995)—

(a)in the words in brackets, omit “on summary conviction to a fine not exceeding £250,000 or on conviction on indictment”;

(b)omit the words following “an offence under section 131,”.

Sea Fishing (Restriction on Days at Sea) Order 2007 (S.I. 2007/927)

72.  In article 17 of the Sea Fishing (Restriction on Days at Sea) Order 2007 (penalties and defence), in paragraph (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment to a fine”.

Sea Fishing (Prohibition on the Removal of Shark Fins) Order 2007 (S.I. 2007/2554)

73.  In article 5 of the Sea Fishing (Prohibition on the Removal of Shark Fins) Order 2007 (penalties), in paragraph (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Sea Fishing (Recovery Measures) Order 2008 (S.I. 2008/2347)

74.—(1) The Sea Fishing (Recovery Measures) Order 2008 is amended as follows.

(2) In article 11 (penalties), in paragraph (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(3) In article 18 (obstruction of officers), in paragraph (3), for the words following “liable” substitute “on summary conviction or on conviction on indictment to a fine”.

Sea Fishing (Landing and Weighing of Herring, Mackerel and Horse Mackerel) Order 2009 (S.I. 2009/1850)

75.  In article 9 of the Sea Fishing (Landing and Weighing of Herring, Mackerel and Horse Mackerel) Order 2009 (penalties), in paragraph (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Major Accident Off-Site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009 (S.I. 2009/1927)

76.  In article 9 of the Major Accident Off-Site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009 (enforcement), in paragraph (4)(a), for “a fine not exceeding £5,000” substitute “a fine”.

Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order 2009 (S.I. 2009/3391)

77.  In article 10 of the Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order 2009 (penalties), in paragraph (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675)

78.  In regulation 39 of the Environmental Permitting (England and Wales) Regulations 2010 (penalties), in paragraph (1)(a), for “a fine not exceeding £50,000” substitute “a fine”.

Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 (S.I. 2010/781)

79.—(1) In regulation 27 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 (offences), in paragraph (3), for “a fine not exceeding £50,000” substitute “a fine”.

(2) Sub-paragraph (1) is revoked on 1st April 2015(5).

Community Infrastructure Levy Regulations 2010 (S.I. 2010/948)

80.—(1) The Community Infrastructure Levy Regulations 2010 are amended as follows.

(2) In regulation 93 (offence), in paragraph (6), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(3) In regulation 110 (offence of supplying false information), in paragraph (2)(a), for “a fine not exceeding £20,000” substitute “a fine”.

Environmental Civil Sanctions (England) Order 2010 (S.I. 2010/1157)

81.  In Schedule 3 to the Environmental Civil Sanctions (England) Order 2010 (stop notices), in paragraph 6(1)(a), for “a fine not exceeding £20,000” substitute “a fine”.

Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010 (S.I. 2010/1228)

82.  In regulation 7 of the Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010 (offences), in paragraph (4), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Environmental Civil Sanctions (Wales) Order 2010 (S.I. 2010/1821)

83.  In Schedule 3 to the Environmental Civil Sanctions (Wales) Order 2010 (stop notices), in paragraph 6(1)(a), for “a fine not exceeding £20,000” substitute “a fine”.

CRC Energy Efficiency Scheme Order 2013 (S.I. 2013/1119)

84.  In article 83 of the CRC Energy Efficiency Scheme Order 2013 (penalties), in paragraph (1)(a), for “a fine not exceeding £50,000” substitute “a fine”.

Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (S.I. 2014/2936)

85.—(1) Regulation 23 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (offences: penalties) is amended as follows.

(2) Omit paragraphs (1), (2) and (3).

(3) In paragraph (4), for “a fine not exceeding £50,000” substitute “a fine”.

(1)

Article 5 was inserted by the Merchant Shipping (Prevention of Pollution) (Amendment) Order 1997 (S.I. 1997/2569), article 2. Paragraph (1) was amended by the Merchant Shipping (Prevention of Pollution) (Amendment) Order 1998 (S.I. 1998/254), article 2.

(2)

Regulation 36A was inserted by the Merchant Shipping (Implementation of Ship-Source Pollution Directive) Regulations 2009 (S.I. 2009/1210), regulation 4(13).

(3)

Regulation 14(1ZA) was inserted by the Merchant Shipping (Implementation of Ship-Source Pollution Directive) Regulations 2009 (S.I. 2009/1210), regulation 5(a). Regulation 14(1A) was inserted by the Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1998 (S.I. 1998/1153), regulation 2(2).

(4)

Article 4(4) was inserted by the Sea Fishing (Enforcement of Community Control Measures) (Amendment) Order 2009 (S.I.2009/1847), article 2(5).

(5)

The Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 are revoked by the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (S.I. 2014/2936) which come into force on 1st April 2015.