Search Legislation

Advanced Search

Scotland Act 2012

Status:

This is the original version (as it was originally enacted).

39Maximum penalties which may be specified in subordinate legislation

This section has no associated Explanatory Notes

(1)The 1998 Act is amended as follows.

(2)In section 113 (subordinate legislation: scope of powers), for subsection (10) substitute—

“(9A)A power may not be exercised so as to create any criminal offence punishable with any of the penalties specified for the offence in subsection (9B) or (10).

(9B)In relation to Scotland, the specified penalties are—

(a)where the offence is triable on summary complaint only, imprisonment for a period exceeding 12 months and a fine exceeding level 5 on the standard scale,

(b)where an offence triable either on indictment or on summary complaint is tried on summary complaint, imprisonment for a period exceeding 12 months and a fine exceeding the statutory maximum,

(c)where the offence is tried on indictment, imprisonment for a period exceeding two years.

(10)In relation to England and Wales and Northern Ireland, the specified penalties are—

(a)where the offence is tried summarily, imprisonment for a period exceeding three months and a fine exceeding—

(i)in the case of a summary offence, level 5 on the standard scale,

(ii)in the case of an offence triable either way, the statutory maximum,

(b)where the offence is tried on indictment, imprisonment for a period exceeding two years.”

(3)After subsection (11) of that section insert—

“(12)Her Majesty may by Order in Council amend subsection (9B) or (10) so as to change—

(a)any period of imprisonment specified there, or

(b)the amount of any fine so specified.”

(4)In Schedule 7 (procedure for subordinate legislation), in paragraph 1, at the appropriate place insert—

“Section 113(12)Type A”.

(5)The amendments made by paragraph 7 of Schedule 27 to the Criminal Justice Act 2003 (alteration of maximum penalties etc) have effect (when they come into force) in relation to section 113 as amended by this section as they have effect in relation to that section as originally enacted, except that in subsection (10A)(c) the words “Scotland and” are omitted.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: