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PART 4 E+WEnforcement and offences

Penalties and enforcement undertakingsE+W

39.—(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 [F1the 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 [F2the 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 [F32nd May 2022] , paragraphs (1)(a) and (2)(a) have effect as if for “[F4the 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.

[F5(7) Schedule 26A (Variable monetary penalties (England)) has effect.]

Textual Amendments