PART 8Enforcement

Penalties for offencesI1I248

1

A person who commits an offence under any provision of Part 3 (Finance) F1, F4regulation 29D(A1) to (3) (aircraft offences), 29F (prohibition on port entry), 29G(4) (directions prohibiting port entry), 29H(3) (movement of ships) or or regulation 35 (finance: licensing offences), is liable—

a

on summary conviction in England and Wales, to imprisonment for a term not exceeding F7the general limit in a magistrates’ court or a fine (or both);

b

on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

c

on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);

d

on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine (or both).

2

A person who commits an offence under any provision of Part 5 (Trade) is liable—

a

on summary conviction in England and Wales, to imprisonment for a term not exceeding F8the general limit in a magistrates’ court or a fine (or both);

b

on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

c

on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);

d

on conviction on indictment, to imprisonment for a term not exceeding 10 years or a fine (or both).

3

A person who commits an offence under regulation 9(6) (confidentiality), F536 (trade: licensing offences) and 36A (aircraft: licensing offences), 44(6) or 45(5) (offences in connection with trade licences) is liable—

a

on summary conviction in England and Wales, to imprisonment for a term not exceeding F9the general limit in a magistrates’ court or a fine (or both);

b

on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

c

on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);

d

on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).

4

A person who commits an offence under regulation F229D(4) (confidentiality),F629G(6) (directions prohibiting port entry: confidentiality), 29H(5) (movement of ships: confidentiality), 38(6) F11, 42 (information offences in connection with Part 3) F12, or 45B (internet services: information offences) is liable—

a

on summary conviction in England and Wales, to imprisonment for a term not exceeding 6 months or a fine (or both);

b

on summary conviction in Scotland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both);

c

on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

5

In relation to an offence committed before F32nd May 2022 the reference in each of paragraphs (1)(a), (2)(a) and (3)(a) to F10the general limit in a magistrates’ court is to be read as a reference to 6 months.