Energy Act 2023

281 Offences under regulations

(1) This section applies to regulations under—

(a) section 272 (corresponding powers to make regulations);

(b) section 276 (provision of information at specified intervals).

(2) Regulations to which this section applies may provide for an offence under the regulations to be triable—

(a) only summarily, or

(b) either summarily or on indictment.

(3) Regulations to which this section applies 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 the period specified or a fine (or both);

(b) on summary conviction in Scotland or Northern Ireland with imprisonment for a term not exceeding the period specified or a fine not exceeding the statutory maximum (or both);

(c) on conviction on indictment, with imprisonment for a term not exceeding the period specified, which may not exceed two years, or a fine (or both).

(4) A period specified under subsection (3)(a) may not exceed the general limit in a magistrates’ court.

(5) A period specified under subsection (3)(b) may not exceed—

(a) in relation to Scotland, 12 months;

(b) in relation to Northern Ireland, 6 months.

(6) Regulations to which this section applies may provide for a summary offence under the regulations to be punishable—

(a) with imprisonment for a term not exceeding the period specified,

(b) with—

(i) in England and Wales, a fine (or a fine not exceeding an amount specified, which must not exceed level 4 on the standard scale), or

(ii) in Scotland or Northern Ireland, a fine not exceeding the amount specified, which must not exceed level 5 on the standard scale, or

(c) with both.

(7) A period specified under subsection (6)(a) may not exceed—

(a) in relation to England and Wales—

(i) 6 months, in relation to offences committed before the date on which section 281(5) of the Criminal Justice Act 2003 comes into force, or

(ii) 51 weeks, in relation to offences committed on or after that date,

(b) in relation to Scotland, 12 months,

(c) in relation to Northern Ireland, 6 months.

(8) In this section “specified” means specified in the regulations.