SCHEDULES

SCHEDULE 26Increase in maximum term for certain summary offences

Section 280(2)

Railway Regulation Act 1840 (c. 97)

1

In section 16 of the Railway Regulation Act 1840 (obstructing officers or trespassing upon railway), for “one month”, there is substituted“51 weeks

“. ”

Licensing Act 1872 (c. 94)

2

In section 12 of the Licensing Act 1872 (penalty for being found drunk), for “one month” there is substituted“51 weeks

“. ”

Regulation of Railways Act 1889 (c. 57)

3

In section 5 of the Regulation of Railways Act 1889 (avoiding payment of fares, etc.), in subsection (3), for “three months” there is substituted“51 weeks

“. ”

Witnesses (Public Inquiries) Protection Act 1892 (c. 64)

4

In section 2 of the Witnesses (Public Inquiries) Protection Act 1892 (persons obstructing or intimidating witnesses), for “three months” there is substituted“51 weeks

“. ”

Licensing Act 1902 (c. 28)

5

In section 2 of the Licensing Act 1902 (penalty for being drunk while in charge of a child), in subsection (1), for “one month” there is substituted“51 weeks

“. ”

Emergency Powers Act 1920 (c. 55)

6

In section 2 of the Emergency Powers Act 1920 (emergency regulations), in subsection (3), for “three months” there is substituted“51 weeks

“. ”

Judicial Proceedings (Regulation of Reports) Act 1926 (c. 61)

7

In section 1 of the Judicial Proceedings (Regulation of Reports) Act 1926 (restriction on publication of reports of judicial proceedings), in subsection (2), for “four months” there is substituted“51 weeks

“. ”

Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6)

8

In section 7 of the Public Order Act 1936 (enforcement), in subsection (2), for “three months” there is substituted“51 weeks

“. ”

Cinematograph Films (Animals) Act 1937 (c. 59)

9

In section 1 of the Cinematograph Films (Animals) Act 1937 (prohibition of films involving cruelty to animals), in subsection (3), for “three months” there is substituted“51 weeks

“. ”

House to House Collections Act 1939 (c. 44)

10

In section 8 of the House to House Collections Act 1939, in subsection (2), for “three months” there is substituted“51 weeks

“. ”

Fire Services Act 1947 (c. 41)

11

In section 31 of the Fire Services Act 1947 (false alarms of fire), in subsection (1), for “three months” there is substituted“51 weeks

“. ”

National Assistance Act 1948 (c. 29)

12

(1)

The National Assistance Act 1948 is amended as follows.

(2)

In section 51 (failure to maintain), in subsection (3)(a) F1. . . , for “three months” there is substituted“51 weeks

“. ”

(3)

In section 52 (false statements), in subsection (1), for “three months” there is substituted“51 weeks

“. ”

Docking and Nicking of Horses Act 1949 (c. 70)

13

(1)

The Docking and Nicking of Horses Act 1949 is amended as follows.

(2)

In section 1 (prohibition of docking and nicking except in certain cases), in subsection (3), for “three months” there is substituted“51 weeks

“. ”

(3)

In section 2 (restriction on landing docked horses)—

(a)

in subsection (3), and

(b)

in subsection (4),

for “3 months” there is substituted

“51 weeks

“. ”

Protection of Animals (Amendment) Act 1954 (c. 40)

14

In section 2 of the Protection of Animals (Amendment) Act 1954 (breach of disqualification order), for “three months” there is substituted“51 weeks

“. ”

Children and Young Persons (Harmful Publications) Act 1955 (c. 28)

15

In section 2 of the Children and Young Persons (Harmful Publications) Act 1955 (penalty for publishing certain works etc.), in subsection (1), for “four months” there is substituted“51 weeks

“. ”

Agriculture Act 1957 (c. 57)

16

In section 7 of the Agriculture Act 1957 (penalties)—

(a)

in subsection (1), for “three months” there is substituted“51 weeks

“, and ”

(b)

in subsection (2), for “one month” there is substituted“51 weeks

“. ”

Animals (Cruel Poisons) Act 1962 (c. 26)

17

In section 1 of the Animals (Cruel Poisons) Act 1962 (offences and penalties under regulations), in paragraph (b), for “three months” there is substituted“51 weeks

“. ”

Plant Varieties and Seeds Act 1964 (c. 14)

18

In section 27 of the Plant Varieties and Seeds Act 1964 (tampering with samples), in subsection (1), for “three months” there is substituted“51 weeks

“. ”

Agriculture Act 1967 (c. 22)

19

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Firearms Act 1968 (c. 27)

20

(1)

Part 1 of Schedule 6 to the Firearms Act 1968 (prosecution and punishment of offences) is amended as follows.

(2)

In the entry relating to section 3(6) of that Act (business and other transactions with firearms and ammunition), in the fourth column, for “3 months” there is substituted “ 51 weeks. ”

(3)

In the entry relating to section 6(3) of that Act (power to prohibit movement of arms and ammunition), in the fourth column, for “3 months” there is substituted “ 51 weeks. ”

(4)

In the entry relating to section 20(2) of that Act (trespassing with firearm), in the fourth column, for “3 months” there is substituted“51 weeks.

“. ”

(5)

In the entry relating to section 22(1A) of that Act (acquisition and possession of firearms by minors), in the fourth column, for “3 months” there is substituted “ 51 weeks. ”

(6)

In the entry relating to section 25 of that Act (supplying firearm to person drunk or insane), in the fourth column, for “3 months” there is substituted “ 51 weeks. ”

(7)

In the entry relating to section 32C(6) of that Act (variation endorsement etc. of European documents), in the fourth column, for “3 months” there is substituted “ 51 weeks. ”

(8)

In the entry relating to section 42A of that Act (information as to transactions under visitors' permits), in the fourth column, for “3 months” there is substituted “ 51 weeks. ”

(9)

In the entry relating to section 47(2) of that Act (powers of constables to stop and search), in the fourth column, for “3 months” there is substituted “ 51 weeks. ”

(10)

In the entry relating to section 49(3) of that Act (police powers in relation to arms traffic), in the fourth column, for “3 months” there is substituted “ 51 weeks. ”

Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)

21

In section 7 of the Agriculture (Miscellaneous Provisions) Act 1968 (punishment of offences under Part 1), in subsection (1), for “three months” there is substituted“51 weeks

“. ”

Agriculture Act 1970 (c. 40)

22

(1)

The Agriculture Act 1970 is amended as follows.

(2)

In section 68 (duty to give statutory statement), in subsection (4), for “three months” there is substituted“51 weeks

“. ”

(3)

In section 69 (marking of material prepared for sale), in subsection (4), for “three months” there is substituted“51 weeks

“. ”

(4)

In section 70 (use of names or expressions with prescribed meanings), in subsection (2), for “three months” there is substituted“51 weeks

“. ”

(5)

In section 71 (particulars to be given of attributes if claimed to be present), in subsection (2), for “three months” there is substituted“51 weeks

“. ”

(6)

In section 73 (deleterious ingredients in feeding stuff), in subsection (4), for “three months” there is substituted“51 weeks

“. ”

(7)

In section 73A (unwholesome feeding stuff), in subsection (4), for “three months” there is substituted“51 weeks

“. ”

(8)

In section 74A (regulations controlling the contents of feeding stuff), in subsection (3), for “three months” there is substituted“51 weeks

“. ”

(9)

In section 79 (supplementary provision relating to samples and analysis), in subsection (10), for “three months” there is substituted“51 weeks

“. ”

(10)

In section 83 (exercise of powers by inspectors), in subsection (3), for “three months” there is substituted“51 weeks

“. ”

(11)

In section 106 (eradication of brucellosis), in subsection (7), for “three months” there is substituted“51 weeks

“. ”

Slaughterhouses Act 1974 (c. 3)

23

(1)

The Slaughterhouses Act 1974 is amended as follows.

(2)

In section 20 (wrongful disclosure of information), in subsection (4), for “three months” there is substituted“51 weeks

“. ”

(3)

In section 21 (obstruction), in subsection (1), for “one month” there is substituted“51 weeks

“. ”

(4)

In section 23 (prosecution and punishment of offences), in subsection (2)(a), for “three months” there is substituted“51 weeks

“. ”

Criminal Law Act 1977 (c. 45)

24

In section 8 of the Criminal Law Act 1977 (trespassing with a weapon of offence), in subsection (3), for “three months” there is substituted“51 weeks

“. ”

Refuse Disposal (Amenity) Act 1978 (c. 3)

25

In section 2 of the Refuse Disposal (Amenity) Act 1978 (penalty for unauthorised dumping), in subsection (1), for “three months” there is substituted“51 weeks

“. ”

Customs and Excise Management Act 1979 (c. 2)

26

(1)

The Customs and Excise Management Act 1979 is amended as follows.

(2)

In section 21 (control of movement of aircraft), in subsection (6), for “3 months” there is substituted“51 weeks

“. ”

(3)

In section 33 (power to inspect aircraft etc.), in subsection (4), for “3 months” there is substituted“51 weeks

“. ”

(4)

In section 34 (power to prevent flight of aircraft)—

(a)

in subsection (2), and

(b)

in subsection (3),

for “3 months” there is substituted

“51 weeks

“. ”

Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32)

27

In section 2 of the Licensed Premises (Exclusion of Certain Persons) Act 1980 (penalty for non-compliance with an exclusion order), in subsection (1), for “one month” there is substituted “ 51 weeks ”.

Criminal Attempts Act 1981 (c. 47)

28

In section 9 of the Criminal Attempts Act 1981 (interference with vehicles), in subsection (3), for “three months” there is substituted“51 weeks

“. ”

British Nationality Act 1981 (c. 61)

29

In section 46 of the British Nationality Act 1981 (offences and proceedings), in subsection (1) for “three months” there is substituted“51 weeks

“. ”

Civil Aviation Act 1982 (c. 16)

30

(1)

The Civil Aviation Act 1982 is amended as follows.

(2)

In section 44 (offences relating to the power to obtain rights over land), in subsection (10), for “three months” there is substituted “ 51 weeks ”

(3)

In section 75 (investigation of accidents), in subsection (5), for “three months” there is substituted “ 51 weeks ”

Anatomy Act 1984 (c. 14)

31

In section 11 of the Anatomy Act 1984 (offences), in subsection (6), for “3 months” there is substituted“51 weeks

“. ”

Public Health (Control of Disease) Act 1984 (c. 22)

32

(1)

The Public Health (Control of Disease) Act 1984 is amended as follows.

(2)

In section 29 (letting of house after recent case of notifiable disease), in subsection (1), for “one month” there is substituted“51 weeks

“. ”

(3)

In section 30 (duty on ceasing to occupy house after recent case of notifiable disease), in subsection (1), for “one month” there is substituted“51 weeks

“. ”

(4)

In section 62 (powers of entry), in subsection (3), for “3 months” there is substituted“51 weeks

“. ”

County Courts Act 1984 (c. 28)

33

(1)

The County Courts Act 1984 is amended as follows.

(2)

In section 14 (penalty for assaulting officers), in subsection (1)(a), for “3 months” there is substituted“51 weeks

“. ”

(3)

In section 92 (penalty for rescuing goods seized), in subsection (1)(a), for “one month” there is substituted“51 weeks.

Animal Health and Welfare Act 1984 (c. 40)

34

In section 10 of the Animal Health and Welfare Act 1984 (artificial breeding of livestock), in subsection (6), for “three months” there is substituted“51 weeks

“. ”

Police and Criminal Evidence Act 1984 (c. 60)

35

In section 63C of the Police and Criminal Evidence Act 1984 (testing for presence of drugs), in subsection (1), for “three months” there is substituted“51 weeks

“. ”

Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57)

36

In section 8 of the Sporting Events (Control of Alcohol etc.) Act 1985 (penalties for offences), in paragraph (b), for “three months” there is substituted“51 weeks

“. ”

Public Order Act 1986 (c. 64)

37

(1)

The Public Order Act 1986 is amended as follows.

(2)

In section 12 (imposing conditions on public processions)—

(a)

in subsection (8), and

(b)

in subsection (10),

for “3 months” there is substituted

“51 weeks

“. ”

(3)

In section 13 (prohibiting public processions)—

(a)

in subsection (11), and

(b)

in subsection (13),

for “3 months” there is substituted

“51 weeks

“. ”

(4)

In section 14 (imposing conditions on public assemblies)—

(a)

in subsection (8), and

(b)

in subsection (10),

for “3 months” there is substituted

“51 weeks

“. ”

(5)

In section 14B (offences in connection with trespassory assemblies and arrest therefor)—

(a)

in subsection (5), and

(b)

in subsection (7),

for “3 months” there is substituted

“51 weeks

“. ”

Road Traffic Offenders Act 1988 (c. 53)

38

(1)

Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offenders) is amended as follows.

(2)

In the entry relating to section 4(2) of the Road Traffic Act 1988 (driving, or being in charge, when under the influence of drink or drugs), in column 4, for “3 months” there is substituted“51 weeks

“. ”

(3)

In the entry relating to section 5(1)(b) of that Act (driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit), in column 4, for “3 months” there is substituted“51 weeks

“. ”

(4)

In the entry relating to section 7 of that Act (provision of specimens for analysis), in column 4, for “3 months” there is substituted“51 weeks

“. ”

(5)

In the entry relating to section 7A of that Act (failing to allow specimen to be subjected to analysis), in column 4, for “3 months” there is substituted“51 weeks

“. ”

Official Secrets Act 1989 (c. 6)

39

In section 10 of the Official Secrets Act 1989 (penalties), in subsection (2), for “three months” there is substituted“51 weeks

“. ”

Human Organ Transplants Act 1989 (c. 31)

40

In section 1 of the Human Organ Transplants Act 1989 (prohibition of commercial dealings in human organs), in subsection (5), for “three months” there is substituted“51 weeks

“. ”

Football Spectators Act 1989 (c. 37)

41

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Food Safety Act 1990 (c. 16)

42

In section 35 of the Food Safety Act 1990 (punishment of offences), in subsection (1), for “three months” there is substituted“51 weeks

“. ”

Deer Act 1991 (c. 54)

43

In section 9 of the Deer Act 1991 (penalties for offences relating to deer), in subsection (1), for “three months” there is substituted“51 weeks

“. ”

Social Security Administration Act 1992 (c. 5)

44

In section 112 of the Social Security Administration Act 1992 (false representations for obtaining benefit etc.), in subsection (2), for “3 months” there is substituted“51 weeks

“. ”

Criminal Justice and Public Order Act 1994 (c. 33)

45

(1)

The Criminal Justice and Public Order Act 1994 is amended as follows.

(2)

In section 60 (failing to stop), in subsection (8), for “one month” there is substituted “ 51 weeks ”.

(3)

In section 60AA (powers to require removal of disguises), in subsection (7), for “one month” there is substituted “ 51 weeks ”.

(4)

In section 61 (power to remove trespasser on land), in subsection (4), for “three months” there is substituted “ 51 weeks ”.

(5)

In section 62B (failure to comply with direction under section 62A: offences), in subsection (3), for “3 months” there is substituted “ 51 weeks ”.

(6)

In section 63 (powers to remove persons attending or preparing for a rave), in subsections (6) and (7B), for “three months” there is substituted “ 51 weeks ”.

(7)

In section 68 (offence of aggravated trespass), in subsection (3), for “three months” there is substituted “ 51 weeks ”.

(8)

In section 69 (powers to remove persons committing or participating in aggravated trespass), in subsection (3), for “three months” there is substituted “ 51 weeks ”.

London Local Authorities Act 1995 (c. x)

46

In section 24 of the London Local Authorities Act 1995 (enforcement), in subsection (1), for “three months” there is substituted“51 weeks

“. ”

Police Act 1996 (c. 16)

47

In section 89 of the Police Act 1996 (assaults on constables etc.), in subsection (2), for “one month” there is substituted“51 weeks

“. ”

Treasure Act 1996 (c. 24)

48

In section 8 of the Treasure Act 1996 (duty of finder of treasure to notify coroner), in subsection (3)(a), for “three months” there is substituted“51 weeks

“. ”

Education Act 1996 (c. 56)

49

(1)

The Education Act 1996 is amended as follows.

(2)

In section 444 (failure to secure regular attendance at school), in subsection (8A)(b), for “three months” there is substituted“51 weeks

“. ”

(3)

In section 559 (prohibition or restriction on employment of children), in subsection (4)(b), for “one month” there is substituted“51 weeks

“. ”

Government of Wales Act 1998 (c. 38)

50

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:
Amendments (Textual)

F4Sch. 26 para. 50 repealed by Government of Wales Act 2006 (c. 32), s. 163, Sch. 12, the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

Access to Justice Act 1999 (c. 22)

F551

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Greater London Authority Act 1999 (c. 29)

52

In section 64 of the Greater London Authority Act 1999 (failure to attend proceedings etc), in subsection (2)(b), for “three months” there is substituted“51 weeks

“. ”

Immigration and Asylum Act 1999 (c. 33)

53

(1)

The Immigration and Asylum Act 1999 is amended as follows.

(2)

In section 105 (false representation), in subsection (2), for “three months” there is substituted“51 weeks

“. ”

(3)

In section 108 (failure of sponsor to maintain), in subsection (2), for “3 months” there is substituted“51 weeks

“. ”

Financial Services and Markets Act 2000 (c. 8)

54

(1)

The Financial Services and Markets Act 2000 is amended as follows.

(2)

In section 177 (offences), in subsection (6), for “three months” there is substituted“51 weeks

“. ”

(3)

In section 352 (offences), in subsection (5), for “three months” there is substituted“51 weeks

“. ”

Terrorism Act 2000 (c. 11)

55

(1)

The Terrorism Act 2000 is amended as follows.

(2)

In section 36 (police powers), in subsection (4)(a), for “three months” there is substituted“51 weeks

“. ”

(3)

In section 51 (offences in relation to parking), in subsection (6)(a), for “three months” there is substituted“51 weeks

“. ”

(4)

In Schedule 5 (terrorist investigations: information)—

(a)

in paragraph 3(8)(a), and

(b)

in paragraph 15(5)(a),

for “three months” there is substituted

“51 weeks

“. ”

(5)

In Schedule 7 (ports and border controls), in paragraph 18(2)(a), for “three months” there is substituted“51 weeks

“. ”

Criminal Justice and Police Act 2001 (c. 16)

56

(1)

The Criminal Justice and Police Act 2001 is amended as follows.

(2)

In section 25 (enforcement of closure orders)—

(a)

in subsection (3)(a), for “one month” there is substituted “ 51 weeks ”, and

(b)

in subsections (4) and (5), for “three months” there is substituted “ 51 weeks ”.

(3)

In section 42 (prevention of intimidation), in subsection (7), for “three months” there is substituted “ 51 weeks ”.

Police Reform Act 2002 (c. 30)

57

In section 46 of the Police Reform Act 2002 (offences against designated and accredited persons etc.), in subsection (2), for “one month” there is substituted“51 weeks

“. ”

Nationality, Immigration and Asylum Act 2002 (c. 41)

58

In section 137 of the Nationality, Immigration and Asylum Act 2002 (offences relating to the disclosure of information), in subsection (2)(a), for “three months” there is substituted “ 51 weeks ”.

Anti-social Behaviour Act 2003 (c. 38)

F659

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .