The Animals and Animal Health, Feed and Food, Plants and Plant Health (Amendment) Regulations 2022

Amendment of Article 139

9.  In Article 139 (penalties)—

(a) in paragraph 1—

(i) for “appropriate authorities” substitute “appropriate authority”;

(ii) for “shall”, in the first place it occurs, substitute “may, by regulations,”;

(iii) after “Regulation” insert “or of any EU tertiary legislation(1), or regulations, made under this Regulation”;

(b) in paragraph 2, omit “, in accordance with national law,”;

(c) after paragraph 2 insert—

“3.   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).”.

(1)

“EU tertiary legislation” is defined in section 20(1) of the European Union (Withdrawal) Act 2018.