Part 2

Order-making powers

General restrictions

Criminal penalties
22
1
An order under section 14 or 17(1) may not make provision to create a new offence that is punishable, or increase the penalty for an existing offence so that it is punishable—
a
on indictment, with imprisonment for a term exceeding two years, or
b
on summary conviction, with—
i
imprisonment for a term exceeding 12 months, or
ii
a fine exceeding level 5 on the standard scale.
2
In the case of an offence which is triable either on indictment or summarily and is not an offence triable on indictment only by virtue of section 292(6) and (7) of the Criminal Procedure (Scotland) Act 1995 (c. 46), the reference in subsection (1)(b)(ii) to a fine exceeding level 5 on the standard scale is to be construed as a reference to the statutory maximum.
3
Subsection (1) does not apply to provision which merely restates an enactment.
S. 22 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.
Ss. 14-30 cease to have effect (2.8.2015) by virtue of Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(2)(3) (with s. 134(4)(5)); however, ss. 14-30 continue to have effect until 4.6.2020 by virtue of The Public Services Reform (Scotland) Act 2010 (Part 2 Extension) Order 2015 (S.S.I. 2015/234), arts. 1, 2; which continuation is further extended until 5.5.2025 by The Public Services Reform (Scotland) Act 2010 (Part 2 Further Extension) Order 2020 (S.S.I. 2020/140), arts. 1, 2; which continuation is further extended until 27.3.2030 by The Public Services Reform (Scotland) Act 2010 (Part 2 Further Extension) Order 2025 (S.S.I. 2025/97), arts. 1, 2