The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015

Citation, commencement, extent and interpretation E+W

1.—(1) These Regulations may be cited as the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 and come into force on the day after the day on which they are made.

(2) These Regulations extend to England and Wales only.

(3) In these Regulations, “the 2012 Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Commencement Information

I1 Reg. 1 in force at 12.3.2015, see reg. 1(1)

Disapplication of section 85(1) of the 2012 Act and alternative provision E+W

2.—(1) Section 85(1) of the 2012 Act does not apply in relation to the offences specified in Schedule 1.

(2) Schedule 2 contains amendments to make provision for those offences to be punishable on summary conviction by a fine or maximum fine of an amount specified or described.

Commencement Information

I2 Reg. 2 in force at 12.3.2015, see reg. 1(1)

Fines or maximum fines expressed as proportions E+W

3.—(1) Part 1 of Schedule 3 contains amendments to provide for certain offences punishable on summary conviction by a fine or maximum fine expressed as a proportion of £5,000 or more (however that amount is expressed) to be punishable on summary conviction by a fine or maximum fine of that proportion of an amount specified or described.

(2) Part 2 of Schedule 3 contains amendments to provide for powers which can be exercised to create an offence punishable on summary conviction by a fine or maximum fine expressed as a proportion of £5,000 or more (however that amount is expressed) to be exercisable to create an offence punishable on summary conviction by a fine or maximum fine of that proportion of an amount specified or described.

Commencement Information

I3 Reg. 3 in force at 12.3.2015, see reg. 1(1)

Consequential amendments E+W

4.—(1) Part 1 of Schedule 4 contains amendments (consequential on section 85(1) of the 2012 Act) to legislation which expresses the fine or maximum fine for an offence punishable on summary conviction as a numerical amount of £5,000 or more.

(2) Part 2 of Schedule 4 contains amendments (consequential on section 85(2) of the 2012 Act) to legislation which confers power to create offences punishable on summary conviction and expresses the fine or maximum fine which may be imposed for an offence so created as a numerical amount of £5,000 or more.

(3) Part 3 of Schedule 4 contains amendments which are consequential on the provision made by Parts 1 and 2 of that Schedule.

(4) Schedule 5 contains other amendments consequential on section 85 of the 2012 Act.

Commencement Information

I4 Reg. 4 in force at 12.3.2015, see reg. 1(1)

Transitional and saving provision E+W

5.—(1) These Regulations do not affect—

(a) fines for offences committed before these Regulations come into force,

(b) the operation of restrictions on fines that may be imposed on a person aged under 18, or

(c) fines that may be imposed on a person convicted by a magistrates’ court who is to be sentenced as if convicted on indictment.

(2) An amendment made by Part 2 of Schedule 3 or Part 2 of Schedule 4 does not authorise the alteration of a fine or maximum fine that applies in respect of an offence that is, immediately before these Regulations come into force, contained in an instrument made under the legislation amended (whether or not the instrument is in force).

Commencement Information

I5 Reg. 5 in force at 12.3.2015, see reg. 1(1)

Signed by the authority of the Secretary of State

Andrew Selous

Parliamentary Under Secretary of State

Ministry of Justice

11th March 2015