SCHEDULES

Section 283

SCHEDULE 27Enabling powers: alteration of maximum penalties etc.

Plant Health Act 1967 (c. 8)

1(1)Section 3 of the Plant Health Act 1967 (control of spread of pests in Great Britain) is amended as follows.

(2)In subsection (4A), for “three months” there is substituted “the prescribed term”.

(3)After that subsection there is inserted—

“(4B)In subsection (4A) above, “the prescribed term” means—

(a)in relation to England and Wales, 51 weeks;

(b)in relation to Scotland, three months.”

Agriculture Act 1967 (c. 22)

2(1)Section 9 of the Agriculture Act 1967 (powers to meet future developments in livestock and livestock products industries) is amended as follows.

(2)In subsection (10), for “three months” there is substituted “the prescribed term”.

(3)After that subsection there is inserted—

“(10A)In subsection (10), “the prescribed term” means—

(a)in relation to England and Wales, 51 weeks;

(b)in relation to Scotland, three months.”

European Communities Act 1972 (c. 68)

3(1)Paragraph 1 of Schedule 2 to the European Communities Act 1972 (provisions as to powers conferred by section 2(2)) is amended as follows.

(2)In sub-paragraph (1)(d), for “three months” there is substituted “the prescribed term”.

(3)After sub-paragraph (2) there is inserted—

“(3)In sub-paragraph (1)(d), “the prescribed term” means—

(a)in relation to England and Wales, where the offence is a summary offence, 51 weeks;

(b)in relation to England and Wales, where the offence is triable either way, twelve months;

(c)in relation to Scotland and Northern Ireland, three months.”

Slaughterhouses Act 1974 (c. 3)

4In section 38(5) of the Slaughterhouses Act 1974 (maximum penalties to be prescribed by regulations), the words “or imprisonment for a term of three months or both” are omitted.

Anatomy Act 1984 (c. 14)

5(1)Section 11 of the Anatomy Act 1984 (offences) is amended as follows.

(2)In subsection (7), for “3 months” there is substituted “the prescribed term”.

(3)After that subsection there is inserted—

“(7A)In subsection (7), “the prescribed term” means—

(a)in relation to England and Wales, 51 weeks;

(b)in relation to Scotland, 3 months.”

Environmental Protection Act 1990 (c. 43)

6(1)Section 141 of the Environmental Protection Act 1990 (power to prohibit or restrict the importation or exportation of waste) is amended as follows.

(2)In paragraph (g) of subsection (5), for “six months” there is substituted “the prescribed term”.

(3)After that subsection there is inserted—

“(5A)In subsection (5)(g), “the prescribed term” means—

(a)in relation to England and Wales, where the offence is a summary offence, 51 weeks;

(b)in relation to England and Wales, where the offence is triable either way, twelve months;

(c)in relation to Scotland and Northern Ireland, six months.”

Scotland Act 1998 (c. 46)

7(1)Section 113 of the Scotland Act 1998 (subordinate legislation: scope of powers) is amended as follows.

(2)In paragraph (a) of subsection (10), for “three months” there is substituted “the prescribed term”.

(3)After that subsection there is inserted—

“(10A)In subsection (10)(a), “the prescribed term” means—

(a)in relation to England and Wales, where the offence is a summary offence, 51 weeks;

(b)in relation to England and Wales, where the offence is triable either way, twelve months;

(c)in relation to Scotland and Northern Ireland, three months.”

Regulatory Reform Act 2001 (c. 6)

8(1)Section 3 of the Regulatory Reform Act 2001 (limitations on order-making power) is amended as follows.

(2)In paragraph (b) of subsection (3), for “six months” there is substituted “the prescribed term”.

(3)After that subsection there is inserted—

“(3A)In subsection (3)(b), “the prescribed term” means—

(a)in relation to England and Wales, where the offence is a summary offence, 51 weeks;

(b)in relation to England and Wales, where the offence is triable either way, twelve months;

(c)in relation to Scotland and Northern Ireland, six months.”