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TITLE VIIU.K.ENFORCEMENT ACTION

CHAPTER IU.K.Actions by the competent authorities and penalties

Article 139U.K.Penalties

1.[F1The [F2appropriate authority]] [F3may, by regulations,] lay down the rules on penalties applicable to infringements of this Regulation [F4or of any EU tertiary legislation, or regulations, made under this Regulation] and take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. F5...

[F62. The appropriate authority] shall ensure that financial penalties for violations of this Regulation and of the rules referred to in Article 1(2), perpetrated through fraudulent or deceptive practices, reflect F7... at least either the economic advantage for the operator or, as appropriate, a percentage of the operator's turnover.

[F83.Regulations under this Article may create offences.

4.Regulations may provide for an offence under the regulations to be triable—

(a)summarily, or

(b)either summarily or on indictment.

5.Regulations may provide for an offence under the regulations that is triable either way to be punishable—

(a)on summary conviction in England and Wales, with imprisonment for a term not exceeding three months or a fine (or both);

(b)on summary conviction in Scotland, with imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum (or both);

(c)on conviction on indictment, with imprisonment for a term not exceeding two years or a fine (or both).

6.Regulations may provide for a summary offence under the regulations to be punishable—

(a)in England and Wales, with imprisonment for a term not exceeding three months or a fine (or both);

(b)in Scotland, with imprisonment for a term not exceeding three months or a fine not exceeding level 5 on the standard scale (or both).]

Textual Amendments