18U.K.Regulations under section 49 may not provide for an offence created by such regulations to be punishable with imprisonment for a period exceeding—
(a)in the case of conviction on indictment, 2 years;
(b)in the case of summary conviction, 3 months.
Commencement Information
I1Sch. 2 para. 18 in force at 31.12.2020 by S.I. 2020/1535, reg. 3(d)
19U.K.Regulations under section 49 may provide for the creation of a criminal offence only if the regulations also provide for either or both of the following in relation to the offence—
(a)a mental element necessary for its commission;
(b)a defence to it (for example, a defence grounded on a person's knowledge or belief, or a defence that a person took all reasonable steps and exercised all due diligence).
Commencement Information
I2Sch. 2 para. 19 in force at 31.12.2020 by S.I. 2020/1535, reg. 3(d)
20U.K.Regulations under section 49 which confer a power to impose a civil monetary penalty must provide that a person is not liable to such a penalty in respect of acts or omissions for which the person has been convicted of a criminal offence created by such regulations.
Commencement Information
I3Sch. 2 para. 20 in force at 31.12.2020 by S.I. 2020/1535, reg. 3(d)