Building Safety Act 2022

General and supplementary

22 (1) Where construction products regulations contain provision creating a criminal offence, the provision must have the effect that—

(a) the offence is—

(i) triable summarily only, or

(ii) triable summarily or on indictment,

(b) the offence is punishable only—

(i) with a fine, or

(ii) with a term of imprisonment or a fine (or both),

(c) where the offence is triable summarily only, any fine with which the offence is punishable in Scotland or Northern Ireland does not exceed level 5 on the standard scale,

(d) where the offence is triable summarily or on indictment, any fine with which the offence is punishable on summary conviction in Scotland or Northern Ireland does not exceed the statutory maximum, and

(e) any term of imprisonment with which the offence is punishable on summary conviction does not exceed—

(i) in England and Wales, the relevant period,

(ii) in Scotland, 12 months, and

(iii) in Northern Ireland, 6 months.

(2) In sub-paragraph (1)(e)(i), the “relevant period” means—

(a) in relation to an offence that is triable only summarily—

(i) where the offence is committed before the coming into force of section 281 of the Criminal Justice Act 2003, 6 months, and

(ii) where the offence is committed after that time, 51 weeks;

(b) in relation to an offence that is triable summarily or on indictment—

(i) where the offence is committed before the coming into force of paragraph 24(2) of Schedule 22 to the Sentencing Act 2020, 6 months, and

(ii) where the offence is committed after that time, 12 months.