(1)Nuclear regulations may provide for an offence under the regulations to be triable—
(a)only summarily, or
(b)either summarily or on indictment.
(2)Nuclear regulations may provide for an offence under the regulations that is triable either way to be punishable—
(a)on conviction on indictment—
(i)with imprisonment for a term not exceeding the period specified, which may not exceed 2 years,
(ii)with a fine, or
(iii)with both,
(b)on summary conviction—
(i)with imprisonment for a term not exceeding the period specified,
(ii)with, in England and Wales, a fine or, in Scotland or Northern Ireland, a fine not exceeding the amount specified (which must not exceed £20,000), or
(iii)with both.
(3)A period specified under subsection (2)(b)(i) may not exceed—
(a)in relation to England and Wales—
(i)6 months, in relation to offences committed before [F12 May 2022],
(ii)[F2the general limit in a magistrates’ court], in relation to offences committed after that date,
(b)in relation to Scotland, 12 months,
(c)in relation to Northern Ireland, 6 months.
(4)Nuclear regulations may provide for a summary offence under the regulations to be punishable—
(a)with imprisonment for a term not exceeding the period specified,
(b)with—
(i)in England and Wales, a fine (or a fine not exceeding an amount specified, which must not exceed level 4 on the standard scale), or
(ii)in Scotland or Northern Ireland, a fine not exceeding the amount specified, which must not exceed level 5 on the standard scale, or
(c)with both.
(5)A period specified under subsection (4)(a) may not exceed—
(a)in relation to England and Wales—
(i)6 months, in relation to offences committed before the date on which section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences) comes into force, or
(ii)51 weeks, in relation to offences committed after that date,
(b)in relation to Scotland, 12 months,
(c)in relation to Northern Ireland, 6 months.
(6)In this section “specified” means specified in nuclear regulations.
Textual Amendments
F1Words in s. 75(3)(a)(i) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
F2Words in s. 75(3)(a)(ii) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table
Commencement Information
I1S. 75 in force at 1.4.2014 by S.I. 2014/251, art. 4