PART 12Offences and penalties

Penalties59.

(1)

Subject to paragraphs (2) to (5) F1and regulation 59A, offences under these Regulations are punishable on summary conviction by a fine not exceeding level 5 on the standard scale.

(2)

Offences under the following provisions are punishable on summary conviction by a fine not exceeding level 4 on the standard scale—

(a)

regulation 10(3) and (7);

(b)

regulation 12(4);

(c)

regulation 15(2), but only in relation to an offence consisting of a breach of regulation 15(1)(b);

(d)

regulation 36(3);

(e)

regulation 45(2); F2...

(f)

regulation 46(2);

F3(g)

regulation 53G(3);

(h)

regulation 53I(3); and

(i)

regulation 53Q(3).

(3)

Offences under the following provisions are punishable on summary conviction by a fine not exceeding level 3 on the standard scale—

(a)

regulation 12(8);

(b)

regulation 13(3);

(c)

regulation 24(5), (9) and (12);

(d)

regulation 25(3);

(e)

regulation 28(4), but only in relation to an offence consisting of a breach of regulation 28(3)(b);

(f)

regulation 29(5);

(g)

regulation 33(5), but only in relation to an offence consisting of a breach of regulation 33(4)(a);

(h)

regulation 36(5); F4...

(i)

regulation 41(4), but only in relation to an offence consisting of a breach of regulation 41(3)(b);

F5(j)

regulation 53G(5); and

(k)

regulation 53Q(5).

(4)

Offences under the following provisions are punishable on summary conviction by a fine not exceeding level 2 on the standard scale—

(a)

regulation 17(5);

(b)

regulation 18(2);

(c)

regulation 24(3);

(d)

regulation 29(7); and

(e)

regulation 33(5), but only in relation to an offence consisting of a breach of regulation 33(4)(b).

(5)

Offences under the following provisions are punishable on summary conviction by a fine not exceeding F6the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or to a fine, or to both—

(a)

regulation 29(3);

(b)

regulation 30(4);

(c)

regulation 31(3);

(d)

regulation 32(4);

(e)

regulation 33(3);

(f)

regulation 37(8); F7and

(g)

regulation 41(9). F8...

F9(h)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10Further provision on penalties59A.

(1)

Offences under the provisions listed in paragraph (2) are punishable on summary conviction—

(a)

in England and Wales, by a fine;

(b)

in Scotland and Northern Ireland, by a fine not exceeding level 5 on the standard scale.

(2)

The provisions referred to in paragraph (1) are—

(a)

regulation 53J(3);

(b)

regulation 53M(2);

(c)

regulation 53S(3).

(3)

Offences under the provisions listed in paragraph (4) are punishable—

(a)

on summary conviction—

(i)

in England and Wales, by a fine;

(ii)

in Scotland or Northern Ireland, by a fine not exceeding the statutory maximum; or

(b)

on conviction on indictment, by imprisonment for a term not exceeding two years or a fine, or both.

(4)

The provisions referred to in paragraph (3) are—

(a)

regulation 53B(2);

(b)

regulation 53F.

Defence60.

In any proceedings for an offence under these Regulations (other than an offence under regulation 10(5)) it is a defence for the person charged to show that all reasonable steps had been taken by that person to ensure compliance with the provision concerned.