SCHEDULES

SCHEDULE 2Sharing and checking information etc

4

In paragraph 13, after sub-paragraph (1ZA) insert—

“(1ZB)

Provision making it an offence, in prescribed circumstances, for a person to process information in breach of provision made under paragraph 1A(3)(e) or (f) or 8C.

(1ZC)

Provision made under sub-paragraph (1ZB) creating an offence may not—

(a)

provide for the offence to be punishable on conviction on indictment by imprisonment for a term exceeding two years;

(b)

provide for the offence to be punishable on summary conviction by imprisonment for a term exceeding the relevant maximum;

(c)

provide for the offence to be punishable on summary conviction by a fine exceeding the statutory maximum or level 5 on the standard scale (as appropriate).

(1ZD)

In sub-paragraph (1ZC)(b) “the relevant maximum”—

(a)

in relation to an offence triable either on indictment or summarily, means—

(i)

in England and Wales or Scotland, 12 months, and

(ii)

in Northern Ireland, 6 months;

(b)

in relation to an offence triable only summarily, means—

(i)

in England and Wales, 51 weeks, and

(ii)

in Scotland or Northern Ireland, 6 months.”