Waste and Emissions Trading Act 2003 (c. 33)

Part 1 U.K. Waste

Chapter 1 U.K. Waste sent to landfills

Landfill allowances scheme [F1 (Scotland, Wales and Northern Ireland)] U.K.

Textual Amendments

F1 Words in s. 4 heading inserted (31.3.2013) by The Waste and Emissions Trading Act 2003 (Amendment etc.) Regulations 2013 (S.I. 2013/141), regs. 1(1)(b), 3(2) (with reg. 8)

8 Offences under regulations under sections 6 and 7 U.K.

(1) This section applies where—

(a) regulations under section 6(1) are making provision of the kind mentioned in section 6(3)(j), or

(b) regulations under section 7(1) are making provision of the kind mentioned in section 7(3)(l).

(2) The regulations may provide for an offence to be triable—

(a) only summarily, or

(b) either summarily or on indictment.

(3) Where the regulations provide for an offence to be triable only summarily, they may provide for the offence to be punishable—

(a) by imprisonment for a term not exceeding such period as is stated in the regulations (which may not exceed three months), or

(b) by a fine—

(i) not exceeding such amount as is so stated (which may not exceed level 5 on the standard scale), or

(ii) not exceeding such level on the standard scale as is so stated, or

(c) by both.

(4) Subsections (5) and (6) apply where the regulations provide for an offence to be triable either summarily or on indictment.

(5) They may provide for the offence to be punishable on summary conviction—

(a) by imprisonment for a term not exceeding such period as is stated in the regulations (which may not exceed three months), or

(b) by a fine—

(i) not exceeding such amount as is so stated (which may not exceed the statutory maximum), or

(ii) expressed as a fine not exceeding the statutory maximum, or

(c) by both.

(6) They may provide for the offence to be punishable on conviction on indictment—

(a) by imprisonment for a term not exceeding such period as is stated in the regulations (which may not exceed two years), or

(b) by a fine, or

(c) by both.