PART 4Enforcement and offences

Penalties and enforcement undertakings39

1

Subject to paragraph (2), a person guilty of an offence under regulation 38(1), (2) or (3) is liable—

a

on summary conviction to a fine or imprisonment for a term not exceeding F3the general limit in a magistrates’ court, or to both;

b

on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years, or to both.

2

A person guilty of offence under regulation 38(1), (2) or (3) in respect of a flood risk activity is liable—

a

on summary conviction to a fine or imprisonment for a term not exceeding F4the general limit in a magistrates’ court, or to both;

b

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

3

In relation to an offence committed before F12nd May 2022 , paragraphs (1)(a) and (2)(a) have effect as if for “F2the general limit in a magistrates’ court” there were substituted “ 6 months ”.

4

A person guilty of an offence under regulation 38(4) is liable—

a

on summary conviction to a fine;

b

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

5

An establishment or undertaking guilty of an offence under regulation 38(5) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

6

Schedule 26 (enforcement undertakings) has effect.

F57

Schedule 26A (Variable monetary penalties (England)) has effect.