PART 4Enforcement and offences
Penalties39.
(1)
A person guilty of an offence under regulation 38(1), (2) or (3) is liable—
(a)
on summary conviction to a fine not exceeding £50,000 or imprisonment for a term not exceeding 12 months, or to both; or
(b)
on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years, or to both.
(2)
In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 M1, paragraph (1)(a) has effect as if for “12 months” there were substituted “6 months”.
(3)
A person guilty of an offence under regulation 38(4) is liable—
(a)
on summary conviction to a fine not exceeding the statutory maximum; or
(b)
on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or to both.
(4)
An establishment or undertaking guilty of an offence under regulation 38(5) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.