Part I Deregulation
Chapter I General
Removal or reduction of burdens
2 Limitations on the power under section 1.
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If an order under section 1 above creates a new criminal offence, then, subject to subsections (2) and (3) below, that offence shall not be punishable—
a
on indictment with imprisonment for a term of more than two years; or
b
on summary conviction with imprisonment for a term exceeding six months or a fine exceeding level 5 on the standard scale or both.
2
In the case of an offence which, if committed by an adult, is triable either on indictment or summarily and is not an offence triable on indictment only by virtue of—
a
Part V of
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the Criminal Justice Act 1988, or
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b
section 292(6) and (7) of the Criminal Procedure (Scotland) Act 1995,
the reference in subsection (1)(b) above to level 5 on the standard scale shall be construed as a reference to the statutory maximum.
3
If an order under section 1 above abolishes an offence contained in the relevant enactment and the maximum penalties for that offence are greater than those specified in subsection (1) above, the order may create a new criminal offence having maximum penalties not exceeding those applicable to the offence which is abolished.
4
An order under section 1 above shall not contain any provision—
a
providing for any forcible entry, search or seizure, or
b
compelling the giving of evidence,
unless, and then only to the extent that, a provision to that effect is contained in the relevant enactment and is abolished by the order.