SCHEDULES

SCHEDULE 6Convention on International Carriage by Rail

PROVISION WHICH MAY BE INCLUDED IN REGULATIONS MADE UNDER OR BY VIRTUE OF SECTION 103

Sanctions

I16

1

Regulations may provide a criminal or other sanction in connection with a duty arising under the Convention or the regulations.

2

But regulations may not create a criminal offence which—

a

is punishable with imprisonment, or

b

is punishable on summary conviction with a fine exceeding the statutory maximum or level 5 on the standard scale.

3

Sub-paragraph (2) shall not apply to an offence created in reliance on section 2(2) of the European Communities Act 1972 (c. 68).

4

Sub-paragraph (2) shall also not apply to an offence created by way of or in connection with a provision which—

a

applies (with or without modification) a provision made in reliance on an Act other than this Act,

b

is similar to provision made in reliance on an Act other than this Act, or

c

is made partly in reliance on this Act and partly in reliance on another Act.