Criminal Procedure (Scotland) Act 1975

[F1 SCHEDULE 7D] S Fines to be Altered other than in Accordance with Sections 289E and 289F

Textual Amendments

F1 Sch. 7D inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 56(2), Sch. 6

Modifications etc. (not altering text)

C1 Paragraph 4 of Sch. 7D was expressed to be repealed by Cinematograph (Amendment) Act 1982 (c. 33, SIF 45A), Sch. 2 but by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 39), Sch. 2 para. 25 it was provided that the entry in Cinematograph (Amendment) Act 1982 (c. 33, SIF 45A), Sch. 2 relating to paragraph 4 of Sch. 7D to the Criminal Procedure (Scotland) Act 1975 should be treated as never having been enacted.

1Enactment creating offence	2Penalty enactment
. . . F2
Sea Fisheries (Scotland) Amendment Act 1885 (c. 70)
2. Section 4 (contravention of byelaws prohibiting or regulating trawling).	For “£100, or in the case of a second or subsequent conviction,” substitute “level 5 on the standard scale or”, and omit “or a fine not exceeding £200”.	(a) for a first offence, £100 and forfeiture of fishing gear used in offence;
		(b) for a second or subsequent offence, £200 or 3 months or both and forfeiture of fishing gear used in offence.	£1,000 or 3 months or both and forfeiture of fishing gear used in offence.
Military Lands Act 1892 (c. 43)
3. Section 17(2) (offences against byelaws).	For “five pounds” substitute “level 2 on the standard scale”.	£20.	£50.
Protection of Animals (Scotland) Act 1912 (c. 14)
4. Section 7 (selling poisoned grain or placing on any land any matter rendered poisonous).	For “ten pounds” substitute “level 4 on the standard scale”.	£25.	£500.
Land Drainage (Scotland) Act 1930 (c. 20)
5. Section 4 (obstruction of person exercising power of entry).	For “twenty pounds” substitute “level 3 on the standard scale”.	£50.	£200.
Illegal Trawling (Scotland) Act 1934 (c. 18)
6. Section 1(1) (illegal trawling).	For paragraphs (a) to (c) substitute “to a fine not exceeding level 5 on the standard scale or to imprisonment for a period not exceeding 6 months or to both”.	(a) for a first offence, £100 or 3 months;
		(b) for a second offence, £200 or 6 months;
		(c) for a third or subsequent offence, £200 and 6 months.	£1,000 or 6 months or both.
Land Drainage (Scotland) Act 1941 (c. 13)
7. Section 2(2) (obstruction of person exercising power of entry).	For “twenty pounds” substitute “level 3 on the standard scale”.	£50.	£200.
Public Health (Scotland) Act 1945 (c. 15)
8. Section 1(5) (contravention of regulations as to treatment and spread of certain diseases).	For “one hundred pounds” substitute “level 5 on the standard scale”.	£100 and £50 per day during which the offence continues.	£1,000 and £50 per day during which the offence continues.
Fire Services Act 1947 (c. 41)
9. Section 14(5) (improper use of fire hydrant).	For “ten pounds” substitute “level 2 on the standard scale”The said£25.	£50.
10. Section 30(2) (obstructing a member of a fire brigade).	For “twenty-five pounds” substitute “level 3 on the standard scale”.	£50.	£200.
Radioactive Substances Act 1948 (c. 37)
11. Section 8(1) (obstruction of person exercising power of entry).	For the words from “twenty pounds” to the end substitute “level 4 on the standard scale”.	(a) for a first offence, £50;
		(b) for a second or subsequent offence, £100.	£500.
12. Section 8(3) (other summary offences under Act).	For the words from “one hundred pounds” where first occurring to “one hundred pounds” where secondly occurring substitute “level 4 on the standard scale”.	(a) for a first offence, £100;
		(b) for a second or subsequent offence, £100 or 3 months or both.	£500 or 3 months or both.
Rivers (Prevention of Pollution) (Scotland) Act 1951 (c. 66)
13. Section 21 (obstruction of person exercising power of entry).	For the words from “five pounds” to the end substitute “level 3 on the standard scale”.	(a) for a first offence, £5;
		(b) for a second or subsequent offence, £20.	£200.
Land Drainage (Scotland) Act 1958 (c. 24)
14. Section 11(4) (obstruction of person exercising power of entry).	For the words from “five pounds” to the end substitute “level 3 on the standard scale”.	(a) for a first offence, £5;
		(b) for a second or subsequent offence, £20.	£200.
Betting, Gaming and Lotteries Act 1963 (c. 2)
15. Section 28(10) (disclosing information about bookmaker’s business).	For “one hundred pounds” substitute “level 4 on the standard scale”.	£100.	£500.
Plant Varieties and Seeds Act 1964 (c. 14)
16. Section 25(9) (obstructing an authorised person).	For “twenty pounds” substitute “level 3 on the standard scale”.	£20.	£200.
17. Section 27(1) (tampering with samples).	For “one hundred pounds” substitute “level 5 on the standard scale”.	£100 or 3 months or both.	£1,000 or 3 months or both.
Agriculture and Horticulture Act 1964 (c. 28)
18. Section 20(1) (obstruction, etc. of authorised officer).	For “twenty pounds” substitute “level 3 on the standard scale”.	£20.	£200.
19. Section 20(2) (offences under Part III).	For the words from “one hundred pounds” to “two hundred and fifty pounds)” substitute “level 5 on the standard scale”.	(a) for a first offence, £100 or 3 months or both;
		(b) for a second or subsequent offence, £250 or 3 months or both.	£1,000 or 3 months or both.
Industrial and Provident Societies Act 1965 (c. 12)
20. Section 61 (general offences).	For “five pounds” substitute “level 3 on the standard scale”.	£10.	£200.
Rivers (Prevention of Pollution) (Scotland) Act 1965 (c. 13)
21. Section 11(2) (unauthorised disclosure of information).	For the words from “one hundred pounds” to the end substitute “level 5 on the standard scale”.	£100 or 3 months or both.	£1,000.
22, 23. . . . F3
Forestry Act 1967 (c. 10)
24. Section 24(4) (failure to comply with felling licence).	For “£50” substitute “level 5 on the standard scale”.	£50.	£1,000.
25. Section 46(5) (offences against byelaws).	In paragraph (a) for “£10” substitute “level 2 on the standard scale”, and in paragraph (b) for “£5” substitute “level 2 on the standard scale”.	£20 and 50 pence per day during which the offence continues.	£50 and 50 pence per day during which the offence continues.
26. Section 48(3) (obstruction of Forestry Commission officers).	For “£5” substitute “level 3 on the standard scale”.	£20.	£200.
. . . F4
Police (Scotland) Act 1967 (c. 77)
36. Section 43(1) (impersonating a police officer).	For “fifty pounds” substitute “level 4 on the standard scale”.	£50 or 3 months.	£500 or 3 months.
37. Section 44(5) (offences by constables).	For “ten pounds” substitute “level 3 on the standard scale”.	£10 or 60 days.	£200 or 60 days.
Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)
38. Section 7(2) (obstructing officer authorised to carry out welfare inspections).	For “twenty pounds” substitute “level 3 on the standard scale”.	£20.	£200.
Sale of Venison (Scotland) Act 1968 (c. 38)
39. Section 1(4) (contravention of provisions regarding registration of venison dealers).	For “£20” substitute “level 3 on the standard scale”.	£20.	£200.
40. Section 2(4) (failure to keep records, etc.).	For “£20” substitute “level 2 on the standard scale”.	£20.	£50.
Sewerage (Scotland) Act 1968 (c. 47)
41. Section 44 (failure to provide information, etc.).	For “£20” substitute “level 3 on the standard scale”.	£20.	£200.
42. Section 48(9) (obstruction of person having right of entry).	For “£20” substitute “level 3 on the standard scale”.	£20 and £5 per day during which the offence continues.	£200 and £5 per day during which the offence continues.
43. Section 50(3) (unauthorised disclosure of information).	For the words from “£100” to the end substitute “level 5 on the standard scale”.	£100 or 3 months or both.	£1,000.
Transport Act 1968 (c. 73)
44. Section 97(1) (tachograph offences).	For “£200” substitute “level 4 on the standard scale”.	£200.	£500.
45. Section 97A(1) (tachograph offences).	For “£200” substitute “level 4 on the standard scale”.	£200.	£500.
46. Section 97A(2) (failure by employer to secure compliance with section 97A(1)(a)).	For “£200” substitute “level 4 on the standard scale”.	£200.	£500.
. . . F5
Rent (Scotland) Act 1971 (c. 28)
48. Section 98(2) (failure to provide a rent book, etc.).	For the words from “in respect” to the end substitute “be liable to a fine not exceeding level 4 on the standard scale”.	£10 per week.	£500.
49. Section 127(4) (failure to comply with notice requiring disclosure of name and address of landlord, etc.).	For the words “£5” substitute “level 4 on the standard scale”.	£5.	£500.
50. Section 132(2) (failure to provide a rent book, etc.).	For the words from “in respect” where secondly occurring to the end substitute “be liable to a fine not exceeding level 4 on the standard scale”.	£10 per week.	£500.
51. . . . F6
Road Traffic (Foreign Vehicles) Act 1972 (c. 27)
52. Section 3(1) (disobeying prohibition on a goods vehicle).	For “£200” substitute “level 5 on the standard scale”.	£200.	£1,000.
Education (Scotland) Act 1980 (c. 44)
53. Section 43(1) (contravention of section 35, 41 or 42).	For the words from “in the case” where first occurring to “£50” where thirdly occurring substitute “to a fine not exceeding level 3 on the standard scale”.	(a) for a first offence, £50;
		(b) for a second offence, £50;
		(c) for a third or subsequent offence £50 or 1 month or both.	£200 or 1 month or both.
54. Section 66(3) (obstruction of inspectors).	For the words from “£20” to “£50” substitute “level 4 on the standard scale”.	(a) for a first offence, £20;
		(b) for a second or subsequent offence, £50 or 3 months or both.	£500 or 3 months or both.
55. Section 98(2) (failure to register independent school, etc.).	For the words from “£20” to “£50” substitute “level 4 on the standard scale”.	(a) for a first offence, £20;
		(b) for a second or subsequent offence, £50 or 3 months or both.	£500 or 3 months or both.
56. Section 101(2) (using disqualified premises).	For the words from “£20” to “£50” substitute “level 4 on the standard scale”.	(a) for a first offence, £20;
		(b) for a second or subsequent offence, £50 or 3 months or both.	£500 or 3 months or both.
57. Section 101(3) (disqualified person acting as proprietor of independent school, etc.).	For the words from “£20” to “£50” substitute “level 4 on the standard scale”.	(a) for a first offence, £20;
		(b) for a second or subsequent offence, £50 or 3 months or both.	£500 or 3 months or both.
Water (Scotland) Act 1980 (c. 45)
58. Section 38(7) (obstruction of person exercising power of entry).	For “£25” substitute “level 3 on the standard scale”.	£25.	£200.
59. Section 64(2) (failure to provide information, etc.).	For “£25” substitute “level 3 on the standard scale”.	£25.	£200.
60. Section 72(3) (penalty which may be provided for contravention of byelaws).	For “the sum of £400” substitute “level 4 on the standard scale”.	£400 and £50 per day during which the offence continues.	£500 and £50 per day during which the offence continues.
61. Section 93(7) (failure to provide information, etc.).	For “£200” substitute “level 4 on the standard scale”.	£200 and £20 per day during which the offence continues.	£500 and £20 per day during which the offence continues.
62. Paragraph 10(3) of Schedule 4 (offences relating to construction of reservoirs).	For the words from “£50” where first occurring to “continued” substitute “level 3 on the standard scale”.	£50 per day during which the offence is committed or continues.	£200.
63. Paragraph 28 of Schedule 4 (obstruction of person exercising power of entry).	For the words “£25” substitute “level 3 on the standard scale”.	£25.	£200.
Criminal Justice (Scotland) Act 1980 (c. 62)
64. Section 9(2) (penalty for failure to attend for precognition).	For “£50” substitute “level 3 on the standard scale”.	£50 or 21 days.	£200 or 21 days.

Textual Amendments

F2 Para. 1 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 11

F3 Entries relating to Housing (Scotland) Act 1966 (c. 49) repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), s. 339, Sch. 24

F4 Entry repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), ss. 144, 146, Schs. 10, 14

F5 Para. 47 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 11

F6 Words in s. 385(2)(c)(5)(5B)(b) inserted (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 39(1)(b); S.I 1996/517, arts. 3(2), 4-6, Sch. 2