SCHEDULE 4Consequential amendments: fines or maximum fines of numerical amounts of £5,000 or more

Regulation 4(1) to (3)

Part 1

Public General Acts

Children and Young Persons Act 1933 (c.12)

1.

In section 12C of the Children and Young Persons Act 1933 (enforcement)29, in subsection (4), for “a fine not exceeding £20,000” substitute “a fine”.

Whaling Industry (Regulation) Act 1934 (c.49)

2.

(1)

The Whaling Industry (Regulation) Act 1934 is amended as follows.

(2)

In section 2 (prohibition of catching or treating whales within United Kingdom waters)30, for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(3)

In section 3 (protection for certain classes of whales)31, in subsection (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(4)

In section 4 (whaling ships and whale-oil factories to be licensed)32, in subsection (2), for the words following “this section” (in the second place where it occurs) substitute “on summary conviction, or on conviction on indictment, to a fine”.

(5)

In section 6 (conditions attached to licences)33, in subsection (7), for the words from “on summary conviction” to “on indictment to a fine;” substitute “on summary conviction, or on conviction on indictment, to a fine;”.

(6)

In section 8 (powers of whale fisheries inspectors)34, in subsection (3), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Sea Fisheries (Shellfish) Act 1967 (c.83)

3.

(1)

The Sea Fisheries (Shellfish) Act 1967 is amended as follows.

(2)

In section 3 (effect of grant of right of regulating a fishery)35—

(a)

in subsection (3), for “a fine not exceeding £50,000” substitute “a fine”;

(b)

in subsection (5), for “a fine not exceeding £50,000” substitute “a fine”.

(3)

In section 7 (protection of fisheries)36, in subsection (4), for “a fine not exceeding £50,000” substitute “a fine”.

Sea Fish (Conservation) Act 1967 (c.84)

4.

(1)

The Sea Fish (Conservation) Act 1967 is amended as follows.

(2)

In section 11 (penalties for offences)37, in subsection (1), for the words from “under this Act” to the end substitute “under sections 1 to 7 of this Act shall be liable on summary conviction, or on conviction on indictment, to a fine.”.

(3)

In section 15 (powers of British sea-fishery officers for enforcement of Act)38—

(a)

in subsection (2C), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(b)

in subsection (2D), for “a fine not exceeding £50,000” substitute “a fine”;

(c)

in subsection (2E), for “a fine not exceeding £20,000” substitute “a fine”.

(4)

In section 16 (enforcement of orders under sections 1 and 2)39—

(a)

in subsection (1A), for “a fine not exceeding £50,000” substitute “a fine”;

(b)

in subsection (1B), for “a fine not exceeding £20,000” substitute “a fine”.

Sea Fisheries Act 1968 (c.77)

5.

In section 10 of the Sea Fisheries Act 1968 (miscellaneous provisions as to sea-fishery officers)40, in subsection (4), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Prevention of Oil Pollution Act 1971 (c.60)

6.

(1)

The Prevention of Oil Pollution Act 1971 is amended as follows.

(2)

In section 2 (discharge of oil into United Kingdom waters), in subsection (4), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(3)

In section 3 (discharge of certain oils from pipe-lines or as the result of exploration, etc, in designated areas), in subsection (3), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Health and Safety at Work etc Act 1974 (c.37)

7.

In the table in paragraph 1 of Schedule 3A to the Health and Safety at Work etc Act 1974 (offences: mode of trial and maximum penalty)41, in the third column (penalty on summary conviction)–

(a)

for “fine not exceeding £20,000”, wherever occurring, substitute “fine”;

(b)

for “fine not exceeding the statutory maximum”, wherever occurring, substitute “fine”;

(c)

for “fine not exceeding level 5 on the standard scale”, wherever occurring, substitute “fine”.

Salmon and Freshwater Fisheries Act 1975 (c.51)

8.

In the table in paragraph 1(2) of Schedule 4 to the Salmon and Freshwater Fisheries Act 1975 (offences)42, in the fourth column (punishment)—

(a)

in the entry relating to section 5(1), for “£50,000” substitute “A fine.”;

(b)

in the entry relating to section 27B, for “A fine not exceeding £50,000.” substitute “A fine.”.

Fishery Limits Act 1976 (c.86)

9.

In section 2 of the Fishery Limits Act 1976 (access to British fisheries), in subsection (5)(a), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Wildlife and Countryside Act 1981 (c.69)

10.

(1)

The Wildlife and Countryside Act 1981 is amended as follows.

(2)

In section 28P (offences)43—

(a)

in subsection (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(b)

in subsection (2), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(c)

in subsection (3), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(d)

in subsection (5A), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(e)

in subsection (6), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(3)

In section 34 (limestone pavement orders)44, in subsection (4), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Local Government (Miscellaneous Provisions) Act 1982 (c.30)

11.

(1)

Schedule 3 (control of sex establishments) to the Local Government (Miscellaneous Provisions) Act 1982 is amended as follows.

(2)

In paragraph 22 (enforcement)45, in sub-paragraph (1), for “a fine not exceeding £20,000” substitute “a fine”.

(3)

In paragraph 23 (offences relating to persons under 18)46, in sub-paragraph (2), for “a fine not exceeding £20,000” substitute “a fine”.

British Fishing Boats Act 1983 (c.8)

12.

(1)

The British Fishing Boats Act 1983 is amended as follows.

(2)

In section 1 (restrictions on fishing, etc, by British fishing boats), in subsection (6), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(3)

In section 4 (supplementary provisions with respect to powers of British sea-fishery officers), in subsection (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

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

13.

(1)

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

(2)

In section 45O (enforcement of Part 2A orders)47, in subsection (2), for “a fine not exceeding £20,000” substitute “a fine”.

(3)

In section 63 (offence of wilful obstruction)48, in subsection (2)(b), for “a fine not exceeding £20,000” substitute “a fine”.

Video Recordings Act 1984 (c.39)

14.

(1)

The Video Recordings Act 1984 is amended as follows.

(2)

In section 9 (supplying video recording of unclassified work)49, in subsection (3)(b), for “a fine not exceeding £20,000” substitute “a fine”.

(3)

In section 10 (possession of video recording of unclassified work for the purposes of supply)50, in subsection (3)(b), for “a fine not exceeding £20,000” substitute “a fine”.

Dangerous Vessels Act 1985 (c.22)

15.

In section 5 (offences) of the Dangerous Vessels Act 1985, in subsection (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Food and Environment Protection Act 1985 (c.48)

16.

In section 21 (offences-penalties, etc) of the Food and Environment Protection Act 198551, in subsection (2A)(a), for “a fine of an amount not exceeding £50,000” substitute “a fine”.

Copyright, Design and Patents Act 1988 (c.48)

17.

(1)

The Copyright, Designs and Patents Act 1988 is amended as follows.

(2)

In section 107 (criminal liability for making or dealing with infringing articles, etc)52 —

(a)

in subsection (4)(a), for “a fine not exceeding £50,000” substitute “a fine”;

(b)

in subsection (4A)(a), for “a fine not exceeding £50,000” substitute “a fine”.

(3)

In section 198 (criminal liability for making, dealing with or using illicit recordings)53 —

(a)

in subsection (5)(a), for “a fine not exceeding £50,000” substitute “a fine”;

(b)

in subsection (5A)(a), for “a fine not exceeding £50,000” substitute “a fine”.

Town and Country Planning Act 1990 (c.8)

18.

(1)

The Town and Country Planning Act 1990 is amended as follows.

(2)

In section 171G (temporary stop notice: offences)54, in subsection (6), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(3)

In section 179 (offence where enforcement notice not complied with)55, in subsection (8), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(4)

In section 187 (penalties for contravention of stop notice)56, in subsection (2), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(5)

In section 210 (penalties for non-compliance with tree preservation regulations)57, in subsection (2), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9)

19.

(1)

The Planning (Listed Buildings and Conservation Areas) Act 1990 is amended as follows.

(2)

In section 9 (offences connected with restrictions on works affecting listed buildings)58, in subsection (4)(a), for “a fine not exceeding £20,000” substitute “a fine”.

(3)

In section 43 (offence where listed building enforcement notice not complied with)59, in subsection (5), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Planning (Hazardous Substances) Act 1990 (c.10)

20.

In section 23 (offences) of the Planning (Hazardous Substances) Act 199060, in subsection (4), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Food Safety Act 1990 (c.16)

21.

In section 35 (punishment of offences) of the Food Safety Act 1990—

(a)

in subsection (2)(b), for “a fine not exceeding the relevant amount” substitute “a fine”;

(b)

omit subsection (3).

Environmental Protection Act 1990 (c.43)

22.

(1)

The Environmental Protection Act 1990 is amended as follows.

(2)

In section 23 (offences connected with control of air pollution)61, in subsection (2)(a), for “a fine not exceeding £20,000” substitute “a fine”.

(3)

In section 33 (prohibition on unauthorised or harmful deposit, treatment or disposal, etc, of waste)62—

(a)

in subsection (8)(a), for “a fine not exceeding £50,000” substitute “a fine”;

(b)

in subsection (9), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(4)

In section 78M (offences of not complying with a remediation notice)63, in subsection (4), for the words from “a fine” to “substitute” substitute “a fine”.

(5)

In section 80 (summary proceedings for statutory nuisances), in subsection (6), for “a fine not exceeding £20,000” substitute “a fine”.

(6)

In section 118 (offences connected with control of genetically modified organisms)—

(a)

in subsection (3)(a), for “a fine not exceeding £20,000” substitute “a fine”;

(b)

in subsection (4)(a), for “a fine not exceeding £20,000” substitute “a fine”.

Water Industry Act 1991 (c.56)

23.

(1)

The Water Industry Act 1991 is amended as follows.

(2)

In section 66J (prohibition on unauthorised introduction of water)64, in subsection (6), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(3)

In section 70 (offence of supplying water unfit for human consumption)65, in subsection (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(4)

In section 86 (assessors for the enforcement of water quality)66, in subsection (6), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Water Resources Act 1991 (c.57)

24.

(1)

The Water Resources Act 1991 is amended as follows.

(2)

In section 24 (restrictions on abstraction)67, in subsection (5), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(3)

In section 25 (restrictions on impounding)68, in subsection (3), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(4)

In section 25C (consequences of not complying with an enforcement notice)69, in subsection (2), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(5)

In section 161D (consequences of not complying with a works notice)70, in subsection (2)(a), for “a fine not exceeding £20,000” substitute “a fine”.

(6)

In section 211 (enforcement of byelaws)71, in subsection (3)(b), for “a fine not exceeding £50,000” substitute “a fine”.

Clean Air Act 1993 (c.11)

25.

In section 2 of the Clean Air Act 1993 (prohibition of dark smoke from industrial or trade premises)72, in subsection (5), for “a fine not exceeding £20,000” substitute “a fine”.

Sunday Trading Act 1994 (c.20)

26.

In paragraph 7 of Schedule 1 to the Sunday Trading Act 1994 (restrictions of Sunday opening of large shops), in sub-paragraph (1), for “a fine not exceeding £50,000” substitute “a fine”.

Merchant Shipping Act 1995 (c.21)

27.

(1)

The Merchant Shipping Act 1995 is amended as follows.

(2)

In section 3 (offences relating to British character of ship), in subsection (6)(a), for “a fine not exceeding £50,000” substitute “a fine”.

(3)

In section 15 (supplementary provisions as respects fishing vessels), in subsection (5)(a), for “a fine not exceeding £50,000” substitute “a fine”.

(4)

In section 92 (duty of ship to assist the other in case of collision), in subsection (4)(a)(i), for “a fine not exceeding £50,000” substitute “a fine”.

(5)

In section 98 (owner and master liable in respect of dangerously unsafe ship), in subsection (3)(a), for “a fine not exceeding £50,000” substitute “a fine”.

(6)

In section 100 (owner liable for unsafe operation of ship), in subsection (3)(a), for “a fine not exceeding £50,000” substitute “a fine”.

(7)

In section 100B (temporary exclusion zones:’ offences)73, in subsection (6)(a), for “a fine not exceeding £50,000” substitute “a fine”.

(8)

In section 100G (failure to comply with prescribed standards in respect of ship in respect of which trans-shipment licence is in force)74, in subsection (5)(a), for “a fine not exceeding £50,000” substitute “a fine”.

(9)

In section 131 (discharge of oil from ships into certain United Kingdom waters)75, in subsection (3), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(10)

In section 163 (compulsory insurance against liability for pollution), in subsection (5), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(11)

In section 255B (wreck reports)76, in subsection (8), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(12)

In section 255D (removal by registered owner)77, in subsection (5), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(13)

In section 255E (imposition of conditions about removal)78, in subsection (5), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(14)

In section 255K (failure to insure)79, in subsection (2), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(15)

In section 284 (enforcing detention of ship)80, in subsection (2B), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(16)

In paragraph 8 of Schedule 3A (safety directions)81, for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Shipping and Trading Interests (Protection) Act 1995 (c.22)

28.

(1)

The Shipping and Trading Interests (Protection) Act 1995 is amended as follows.

(2)

In section 3 (enforcement of section 1), in subsection (6), for the words from “liable” to the end of paragraph (b) substitute “liable on summary conviction, or on conviction on indictment, to a fine;”.

(3)

In section 6 (enforcement of section 5), in subsection (5)(a), for “a fine not exceeding £50,000” substitute “a fine”.

Fur Farming (Prohibition) Act 2000 (c.33)

29.

In section 1 of the Fur Farming (Prohibition) Act 2000 (offences relating to fur farming), in subsection (4), for “a fine not exceeding £20,000” substitute “a fine”.

Political Parties, Elections and Referendums Act 2000 (c.41)

30.

In Schedule 20 to the Political Parties, Elections and Referendums Act 2000 (penalties)82, in the entry for paragraph 14 of Schedule 19C, in the second column—

(a)

after “England and Wales” insert “: fine or 12 months”;

(b)

for “or” (where it first occurs) substitute “On summary conviction in”.

Criminal Justice and Police Act 2001 (c.16)

31.

In section 25 of the Criminal Justice and Police Act 2001 (enforcement of closure orders), in subsection (4), for “a fine not exceeding £20,000” substitute “a fine”.

Adoption and Children Act 2002 (c.38)

32.

(1)

The Adoption and Children Act 2002 is amended as follows.

(2)

In section 93 (offence of breaching restrictions under section 92), in subsection (5), for “a fine not exceeding £10,000” substitute “a fine”.

(3)

In section 95 (prohibition of certain payments), in subsection (4), for “a fine not exceeding £10,000” substitute “a fine”.

Licensing Act 2003 (c.17)

33.

(1)

The Licensing Act 2003 is amended as follows.

(2)

In section 136 (unauthorised licensable activities), in subsection (4), for “a fine not exceeding £20,000” substitute “a fine”.

(3)

In section 137 (exposing alcohol for unauthorised sale), in subsection (3), for “a fine not exceeding £20,000” substitute “a fine”.

(4)

In section 147A (persistently selling alcohol to children)83, in subsection (8), for “a fine not exceeding £20,000” substitute “a fine”.

(5)

In section 156 (prohibition on sale of alcohol on moving vehicles), in subsection (2), for “a fine not exceeding £20,000” substitute “a fine”.

(6)

In section 157 (power to prohibit sale of alcohol on trains), in subsection (6), for “a fine not exceeding £20,000” substitute “a fine”.

(7)

In section 161 (closure orders for identified premises), in subsection (7), for “a fine not exceeding £20,000” substitute “a fine”.

(8)

In section 165 (consideration of closure order by magistrates’ court), in subsection (8), for “a fine not exceeding £20,000” substitute “a fine”.

(9)

In section 168 (provision about decisions under section 167), in subsection (9), for “a fine not exceeding £20,000” substitute “a fine”.

Water Act 2003 (c.37)

34.

In section 4 of the Water Act 2003 (existing impounding works: works notices), in subsection (5), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Anti-social Behaviour Act 2003 (c.38)

35.

In section 40 of the Anti-social Behaviour Act 2003 (closure of noisy premises), in subsection (5)(b), for “a fine not exceeding £20,000” substitute “a fine”.

Christmas Day (Trading) Act 2004 (c.26)

36.

In section 1 of the Christmas Day (Trading) Act 2004 (prohibition of opening of large shops on Christmas day), in subsection (3), for “a fine not exceeding £50,000” substitute “a fine”.

Housing Act 2004 (c.34)

37.

(1)

The Housing Act 2004 is amended as follows.

(2)

In section 72 (offences in relation to licensing of HMOs), in subsection (6), for “a fine not exceeding £20,000” substitute “a fine”.

(3)

In section 95 (offences in relation to licensing of houses under Part 3), in subsection (5), for “a fine not exceeding £20,000” substitute “a fine”.

Animal Welfare Act 2006 (c.45)

38.

In section 32 of the Animal Welfare Act 2006 (imprisonment or fine), in subsection (1)(b), for “a fine not exceeding £20,000” substitute “a fine”.

Regulatory Enforcement and Sanctions Act 2008 (c.13)

39.

In section 49 of the Regulatory Enforcement and Sanctions Act 2008 (stop notices: enforcement), in subsection (1)(a), for “a fine not exceeding £20,000” substitute “a fine”.

Health and Social Care Act 2008 (c.14)

40.

(1)

The Health and Social Care Act 2008 is amended as follows.

(2)

In section 10 (requirement to register as a service provider), in subsection (4)(a), for “a fine not exceeding £50,000” substitute “a fine”.

(3)

In section 33 (failure to comply with conditions), for “a fine not exceeding £50,000” substitute “a fine”.

(4)

In section 34 (offences relating to suspension or cancellation of registration), in subsection (5), for “a fine not exceeding £50,000” substitute “a fine”.

Planning Act 2008 (c.29)

41.

(1)

The Planning Act 2008 is amended as follows.

(2)

In section 160 (development without development consent)—

(a)

in subsection (2), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(b)

omit subsection (3).

(3)

In section 161 (breach of terms of order granting development consent)—

(a)

in subsection (4), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”:

(b)

omit subsection (5).

Energy Act 2008 (c.32)

42.

(1)

The Energy Act 2008 is amended as follows.

(2)

In section 22 (offence to carry on unlicensed activities)—

(a)

in subsection (3)(a), for “a fine not exceeding £50,000” substitute “a fine”;

(b)

omit subsection (4)(a) (including the “and” at the end);

(c)

omit subsection (4A).

(3)

In section 23 (offences relating to licensing)—

(a)

in subsection (3)(a), for “a fine not exceeding £50,000” substitute “a fine”;

(b)

omit subsection (4)(a) (including the “and” at the end).

(4)

In section 25 (failure to comply with a direction under section 24), in subsection (2)(a), for “a fine not exceeding £50,000” substitute “a fine”.

(5)

In section 82I (carrying out operation without consent etc)84, in subsection (2)(a), for “a fine not exceeding £50,000” substitute “a fine”.

(6)

In section 82K (failure to comply with direction under section 82E)85, in subsection (2)(a), for “a fine not exceeding £50,000” substitute “a fine”.

(7)

In section 82L (failure to comply with notice under section 79F or 82H)86, in subsection (2)(a), for “a fine not exceeding £50,000” substitute “a fine”.

Marine and Coastal Access Act 2009 (c.23)

43.

(1)

The Marine and Coastal Access Act 2009 is amended as follows.

(2)

In section 85 (breach of requirement for, or conditions of, a licence), in subsection (4)(a), for “a fine not exceeding £50,000” substitute “a fine”.

(3)

In section 92 (further provision as to enforcement notices), in subsection (4)(a), for “a fine not exceeding £50,000” substitute “a fine”.

(4)

In section 103 (further provision as to stop notices), in subsection (4)(a), for “a fine not exceeding £50,000” substitute “a fine”.

(5)

In section 105 (further provision as to emergency safety notices), in subsection (4)(a), for “a fine not exceeding £50,000” substitute “a fine”.

(6)

In section 140 (offence of damaging etc protected features of MCZs), in subsection (4)(a), for “a fine not exceeding £50,000” substitute “a fine”.

(7)

In section 163 (offences), in subsection (3), for “a fine not exceeding £50,000” substitute “a fine”.

(8)

In section 190 (offences), in subsection (3), for “a fine not exceeding £50,000” substitute “a fine”.

(9)

In section 292 (offences in relation to enforcement officers)–

(a)

in subsection (8), after “subsection (4)” insert “or (5)”;

(b)

in that subsection, for “a fine not exceeding £20,000” substitute “a fine”;

(c)

omit subsection (9).

Sunbeds (Regulation) Act 2010 (c.20)

44.

In section 2 of the Sunbeds (Regulation) Act 2010 (duty to prevent sunbed use by children), in subsection (6), for “a fine not exceeding £20,000” substitute “a fine”.

Anti-social Behaviour, Crime and Policing Act 2014 (c.12)

45.

In section 48 of the Anti-social Behaviour, Crime and Policing Act 2014 (offence of failing to comply with community protection notice), in subsection (2)(b), “for “a fine not exceeding £20,000” substitute “a fine””.

Local Acts

City of Westminster Act 1996 (c.viii)

46.

In section 6 of the City of Westminster Act 1996 (enforcement), in subsection (4), for “a fine not exceeding £20,000” substitute “a fine”.

Other Legislation

Merchant Shipping (Prevention of Oil Pollution) Order 1983 (S.I. 1983/1106)

47.

In article 4 of the Merchant Shipping (Prevention of Oil Pollution) Order 1983, in the words in brackets, for “on summary conviction to a fine not exceeding £50,000 or on conviction on indictment to a fine” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Sea Fishing (Enforcement of Community Measures for Spanish and Portuguese Vessels) Order 1986 (S.I. 1986/110)

48.

In article 7 of the Sea Fishing (Enforcement of Community Measures for Spanish and Portuguese Vessels) Order 1986 (obstruction of officers), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Merchant Shipping (Prevention and Control of Pollution) Order 1987 (S.I. 1987/470)

49.

In article 5 of the Merchant Shipping (Prevention and Control of Pollution) Order 1987 (penalties)87, in paragraph (1)—

(a)

in the words in brackets, for “on summary conviction to a fine not exceeding £250,000 or on conviction on indictment to a fine” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(b)

omit “as if in subsection (3)(a) for “£250,000” there were substituted “£25,000””.

Planning (Hazardous Substances) Regulations 1992 (S.I. 1992/656)

50.

In Part 5 of Schedule 4 to the Planning (Hazardous Substances) Regulations 1992 (sections of the Principal Act as modified), in the modified version of section 179 of the Town and Country Planning Act 1990 as set out there, in subsection (8), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Fishing Boats (Marking and Documentation) (Enforcement) Order 1993 (S.I. 1993/2015)

51.

In article 8 of the Fishing Boats (Marking and Documentation) (Enforcement) Order 1983 (obstruction of officers), in paragraph (c), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Merchant Shipping (Survey and Certification) Regulations 1995 (S.I. 1995/1210)

52.

In regulation 24 of the Merchant Shipping (Survey and Certification) Regulations 1995 (penalties), in paragraph (5), for “a fine not exceeding £50,000” substitute “a fine”.

Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996 (S.I. 1996/75)

53.

In regulation 6 of the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996 (penalties), in paragraph (1), for the words following “on summary conviction” substitute “by a fine”.

Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996 (S.I. 1996/282)

54.

In article 3 of the Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996, in the words in brackets, for “on summary conviction to a fine not exceeding £50,000 or on conviction on indictment to a fine” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 (S.I. 1996/2154)

55.

(1)

Regulation 36A of the Merchant Shipping (Prevention of Oil Pollution) Regulations 199688 (penalties for contravening regulations 12, 13 and 16) is amended as follows.

(2)

In paragraph (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(3)

In paragraph (2), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996 (S.I. 1996/3010)

56.

(1)

Regulation 14 of the Merchant Shipping (Dangerous or Noxious Liquid Substances In Bulk) Regulations 1996 (penalties)89 is amended as follows.

(2)

In paragraph (1ZA), for the words following “punishable” substitute “on summary conviction, or on conviction on indictment, by a fine”.

(3)

In paragraph (1A), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Merchant Shipping (Compulsory Insurance: Ships Receiving Trans-shipped Fish) Regulations 1998 (S.I. 1998/209)

57.

In regulation 8 of the Merchant Shipping (Compulsory Insurance: Ships Receiving Trans-shipped Fish) Regulations 1998 (penalties), in paragraph (1), for “a fine not exceeding £50,000” substitute “a fine”.

The Water Protection Zone (River Dee Catchment) Designation Order 1999 (S.I. 1999/915)

58.

In article 5 of The Water Protection Zone (River Dee Catchment) Designation Order 1999 (contravention of protection zone control), in paragraph (2)(a), for “a fine not exceeding £20,000” substitute “a fine”.

Sea Fishing (Enforcement of Community Control Measures) Order 2000 (S.I. 2000/51)

59.

(1)

The Sea Fishing (Enforcement of Community Control Measures) Order 2000 is amended as follows.

(2)

In article 4 (penalties)90—

(a)

in paragraph (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(b)

in paragraph (3), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(c)

in paragraph (4), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(3)

In article 10 (obstruction etc), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(4)

In the Schedule (community control measures, contravention of which constitutes an offence), omit column 4 of the table (maximum fine on summary conviction).

Sea Fishing (Enforcement of Community Control Measures) (Wales) Order 2000 (S.I. 2000/1075)

60.

(1)

The Sea Fishing (Enforcement of Community Control Measures) (Wales) Order 2000 is amended as follows.

(2)

In article 4 (penalties)—

(a)

in the English language text, in paragraph (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(b)

in the English language text, in paragraph (3), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(c)

in the Welsh language text, in paragraph (1), for the words following “yn agored” substitute “o’i gollfarnu’n ddiannod, neu o’i gollfarnu ar dditiad, i ddirwy”;

(d)

in the Welsh language text, in paragraph (3), for the words following “yn agored” substitute “o’i gollfarnu’n ddiannod, neu o’I gollfarnu ar dditiad, i ddirwy”.

(3)

In the Schedule (community control measures, contravention of which constitutes an offence), omit column 4 of the table (maximum fine on summary conviction).

Sea Fishing (Enforcement of Community Conservation Measures) Order 2000 (S.I. 2000/1081)

61.

(1)

The Sea Fishing (Enforcement of Community Conservation Measures) Order 2000 is amended as follows.

(2)

In article 4 (penalties)—

(a)

in paragraph (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(b)

in paragraph (2) for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(3)

In article 11 (obstruction of officers), for the words following liable substitute “on summary conviction, or on conviction on indictment, to a fine”.

(4)

In the Schedule (maximum fines on summary conviction apart from fines related to value of fish)—

(a)

omit column 3 of the table (maximum fine on summary conviction);

(b)

for the heading substitute “Specified Community Measures”.

Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (Wales) Order 2000 (S.I. 2000/1096)

62.

(1)

The Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (Wales) Order 2000 is amended as follows.

(2)

In article 4 (penalties)—

(a)

in the English language text, in paragraph (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(b)

in the English language text, in paragraph (2), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(c)

in the Welsh language text, in paragraph (1), for the words following “yn agored” substitute “o’i gollfarnu’n ddiannod, neu o’i gollfarnu ar dditiad, i ddirwy”;

(d)

in the Welsh language text, in paragraph (2), for the words following “yn agored” substitute “o’i gollfarnu’n ddiannod, neu o’i gollfarnu ar dditiad, i ddirwy”.

(3)

In article 10 (obstruction of officers)—

(a)

in the English language text, for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(b)

in the Welsh language text, for the words following “yn agored” substitute “o’i gollfarnu’n ddiannod, neu o’i gollfarnu ar dditiad, i ddirwy”.

(4)

In Schedule 1 (specified community provisions applicable to community vessels and maximum fines on summary conviction)—

(a)

omit column 3 of the table (maximum fine on summary conviction);

(b)

in the English language text, in the heading omit “and maximum fines on summary conviction”;

(c)

in the Welsh language text, in the heading omit “ac uchafswm y ddirwy ar gollfarniad diannod”.

(5)

In Schedule 2 (specified community provisions applicable to community vessels and maximum fines on summary conviction)—

(a)

omit column 3 of the table (maximum fine on summary conviction);

(b)

in the English language text, in the heading omit “and maximum fines on summary conviction”;

(c)

in the Welsh language text, in the heading omit “ac uchafswm y ddirwy ar gollfarniad diannod”.

Sea Fishing (North-East Atlantic Control Measures) Order 2000 (S.I. 2000/1843)

63.

(1)

The Sea Fishing (North-East Atlantic Control Measures) Order 2000 is amended as follows.

(2)

In article 5 (penalties)—

(a)

in paragraph (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(b)

in paragraph (2), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(3)

In article 10 (obstruction of officers), for the words following liable substitute “on summary conviction, or on conviction on indictment, to a fine”.

(4)

In article 14 (penalties)—

(a)

in paragraph (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(b)

in paragraph (2), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(5)

In article 19 (obstruction of officers), for the words following liable substitute “on summary conviction, or on conviction on indictment, to a fine”.

(6)

In the Schedule (maximum fines on summary conviction apart from fines related to value of fish)—

(a)

omit column 3 of the table (maximum fine on summary conviction);

(b)

for the heading substitute “Specified Community Measures”.

Sea Fishing (Enforcement of Community Conservation Measures) (Wales) Order 2000 (S.I. 2000/2230)

64.

(1)

The Sea Fishing (Enforcement of Community Conservation Measures) (Wales) Order 2000 is amended as follows.

(2)

In article 4 (penalties)—

(a)

in the English language text, in paragraph (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(b)

in the English language text, in paragraph (2), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(c)

in the Welsh language text, in paragraph (1), for the words following “yn agored” substitute “o’i gollfarnu’n ddiannod, neu o’i gollfarnu ar dditiad, i ddirwy”;

(d)

in the Welsh language text, in paragraph (2), for the words following “yn agored” substitute “o’i gollfarnu’n ddiannod, neu o’i gollfarnu ar dditiad, i ddirwy”.

(3)

In article 11 (obstruction of officers)—

(a)

in the English language text, for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(b)

in the Welsh language text, for the words following “yn agored” substitute “o’i gollfarnu’n ddiannod, neu o’i gollfarnu ar dditiad, i ddirwy”.

(4)

In the Schedule (maximum fines on summary conviction (apart from fines related to value of fish))—

(a)

omit column 3 of the table (maximum fine on summary conviction);

(b)

in the English language text, for the heading substitute “Specified Community Measures”;

(c)

in the Welsh language text, for the heading substitute “Mesurau Cymunedol Penodedig”.

Offshore Installations (Emergency Pollution Control) Regulations 2002 (S.I. 2002/1861)

65.

In regulation 5 of the Offshore Installations (Emergency Pollution Control) Regulations 2002 (offences), in paragraph (4), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Sea Fishing (Restriction on Days at Sea) (No 2) Order 2003 (S.I. 2003/1535)

66.

In article 12 of the Sea Fishing (Restriction on Days at Sea) (No 2) Order 2003 (penalties), in paragraph (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Sea Fishing (Enforcement of Community Satellite Monitoring Measures) Order 2004 (S.I. 2004/3226)

67.

In article 15 of the Sea Fishing (Enforcement of Community Satellite Monitoring Measures) Order 2004 (penalties), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Incidental Catches of Cetaceans in Fisheries (England) Order 2005 (S.I. 2005/17)

68.

(1)

The Incidental Catches of Cetaceans in Fisheries (England) Order 2005 is amended as follows.

(2)

In article 5 (penalties), in paragraph (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(3)

In article 11 (obstruction of officers), in paragraph (2), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(4)

In the Schedule (specified community provisions and maximum fines on summary conviction)—

(a)

omit column 3 of the table (maximum fine on summary conviction);

(b)

in the heading omit “and maximum fines on summary conviction”.

Railways (Accident Investigation and Reporting) Regulations 2005 (S.I. 2005/1992)

69.

(1)

Regulation 16 of the Railways (Accident Investigation and Reporting) Regulations 2005 (offences) is amended as follows.

(2)

In paragraph (1), for “a fine not exceeding £20,000” substitute “a fine”.

(3)

In paragraph (2), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Wales) Order 2006 (S.I. 2006/2798)

70.

In article 15 of the Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Wales) Order 2006 (penalties)—

(a)

in the English language text, for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”;

(b)

in the Welsh language text, for the words following “yn agored” substitute “o’i gollfarnu’n ddiannod, neu o’i gollfarnu ar dditiad, i ddirwy”.

Merchant Shipping (Prevention of Pollution by Sewage and Garbage) Order 2006 (S.I. 2006/2950)

71.

In article 6 of the Merchant Shipping (Prevention of Pollution by Sewage and Garbage) Order 2006 (application and modification of section 131(3) of the Merchant Shipping Act 1995)—

(a)

in the words in brackets, omit “on summary conviction to a fine not exceeding £250,000 or on conviction on indictment”;

(b)

omit the words following “an offence under section 131,”.

Sea Fishing (Restriction on Days at Sea) Order 2007 (S.I. 2007/927)

72.

In article 17 of the Sea Fishing (Restriction on Days at Sea) Order 2007 (penalties and defence), in paragraph (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment to a fine”.

Sea Fishing (Prohibition on the Removal of Shark Fins) Order 2007 (S.I. 2007/2554)

73.

In article 5 of the Sea Fishing (Prohibition on the Removal of Shark Fins) Order 2007 (penalties), in paragraph (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Sea Fishing (Recovery Measures) Order 2008 (S.I. 2008/2347)

74.

(1)

The Sea Fishing (Recovery Measures) Order 2008 is amended as follows.

(2)

In article 11 (penalties), in paragraph (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(3)

In article 18 (obstruction of officers), in paragraph (3), for the words following “liable” substitute “on summary conviction or on conviction on indictment to a fine”.

Sea Fishing (Landing and Weighing of Herring, Mackerel and Horse Mackerel) Order 2009 (S.I. 2009/1850)

75.

In article 9 of the Sea Fishing (Landing and Weighing of Herring, Mackerel and Horse Mackerel) Order 2009 (penalties), in paragraph (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Major Accident Off-Site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009 (S.I. 2009/1927)

76.

In article 9 of the Major Accident Off-Site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009 (enforcement), in paragraph (4)(a), for “a fine not exceeding £5,000” substitute “a fine”.

Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order 2009 (S.I. 2009/3391)

77.

In article 10 of the Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order 2009 (penalties), in paragraph (1), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675)

78.

In regulation 39 of the Environmental Permitting (England and Wales) Regulations 2010 (penalties), in paragraph (1)(a), for “a fine not exceeding £50,000” substitute “a fine”.

Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 (S.I. 2010/781)

79.

(1)

In regulation 27 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 (offences), in paragraph (3), for “a fine not exceeding £50,000” substitute “a fine”.

(2)

Sub-paragraph (1) is revoked on 1st April 201591.

Community Infrastructure Levy Regulations 2010 (S.I. 2010/948)

80.

(1)

The Community Infrastructure Levy Regulations 2010 are amended as follows.

(2)

In regulation 93 (offence), in paragraph (6), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

(3)

In regulation 110 (offence of supplying false information), in paragraph (2)(a), for “a fine not exceeding £20,000” substitute “a fine”.

Environmental Civil Sanctions (England) Order 2010 (S.I. 2010/1157)

81.

In Schedule 3 to the Environmental Civil Sanctions (England) Order 2010 (stop notices), in paragraph 6(1)(a), for “a fine not exceeding £20,000” substitute “a fine”.

Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010 (S.I. 2010/1228)

82.

In regulation 7 of the Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010 (offences), in paragraph (4), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

Environmental Civil Sanctions (Wales) Order 2010 (S.I. 2010/1821)

83.

In Schedule 3 to the Environmental Civil Sanctions (Wales) Order 2010 (stop notices), in paragraph 6(1)(a), for “a fine not exceeding £20,000” substitute “a fine”.

CRC Energy Efficiency Scheme Order 2013 (S.I. 2013/1119)

84.

In article 83 of the CRC Energy Efficiency Scheme Order 2013 (penalties), in paragraph (1)(a), for “a fine not exceeding £50,000” substitute “a fine”.

Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (S.I. 2014/2936)

85.

(1)

Regulation 23 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (offences: penalties) is amended as follows.

(2)

Omit paragraphs (1), (2) and (3).

(3)

In paragraph (4), for “a fine not exceeding £50,000” substitute “a fine”.

Part 2

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

86.

In section 45F of the Public Health (Control of Disease) Act 1984 (health protection regulations: supplementary)92, omit subsection (5)(b) and the “or” following it.

Merchant Shipping Act 1995 (c.21)

87.

The Merchant Shipping Act 1995 is amended as follows.

88.

In section 130 (regulation of transfers between ships in territorial waters), in subsection (3)—

(a)

in paragraph (a), for “a fine not exceeding £25,000” substitute “a fine, the amount of which may be limited by the regulations,”;

(b)

in paragraph (b), for the words from “a fine not exceeding £25,000” to the end substitute “a fine, the amount of which may be limited by the regulations;”.

89.

In section 192A (compulsory insurance or security)93, in subsection (5)—

(a)

in paragraph (b), for the words from “a fine of an amount not exceeding £50,000” to “prescribed by the regulations,” substitute “a fine, the amount of which may be limited by the regulations,”;

(b)

in paragraph (c), for the words from “a fine of an amount not exceeding £50,000” to “prescribed by the regulations” substitute “a fine, the amount of which may be limited by the regulations”.

Pollution Prevention and Control Act 1999 (c.24)

90.

In Schedule 1 to the Pollution Prevention and Control Act 1999 (particular purposes for which provision may be made under section 2)94, in paragraph 25(2)(a), for sub-paragraph (ii) substitute–

“(ii)

a fine, the amount of which may be limited by the regulations,”.

Health and Social Care Act 2008 (c.14)

91.

In section 35 of the Health and Social Care Act 2008 (contravention of regulations), for the words following “imprisonment” substitute “or, except in the case of regulations under section 20, with a fine exceeding level 4 on the standard scale”.

Planning Act 2008 (c.29)

92.

In section 218 of the Planning Act 2008 (enforcement), in subsection (11), omit paragraph (a).

Marine and Coastal Access Act 2009 (c.23)

93.

In section 232 of the Marine and Coastal Access Act 2009 (keeping, introduction and removal of fish), in subsection (7)(a), for “a fine not exceeding £50,000” substitute “a fine, the amount of which may be limited by the regulations”.

Sunbeds (Regulation) Act 2010 (c.20)

94.

In section 10 of the Sunbeds (Regulation) Act 2010 (regulations: general), in subsection (3), for the words following “summary conviction” substitute “with a fine, the amount of which may be limited by the regulations;”.

Part 3

Fisheries Act 1981 (c.29)

95.

(1)

The Fisheries Act 1981 is amended as follows.

(2)

In section 24 (penalties for offences), omit subsection (3).

(3)

In section 35 (regulation of whaling), omit subsections (3), (4) and (6)(b).

Planning and Compensation Act 1991 (c.34)

96.

(1)

The Planning and Compensation Act 1991 is amended as follows.

(2)

In section 23 (trees), omit subsection (6)(a).

(3)

In paragraph 10 of Schedule 3 (listed buildings, conservation areas and hazardous substances), omit sub-paragraph (a).

Sea Fish Conservation Act 1992 (c.60)

97.

Omit section 5 of the Sea Fish Conservation Act 1992 (penalty for offences).

Environment Act 1995 (c.25)

98.

In Schedule 22 to the Environment Act 1995 (minor and consequential amendments), omit paragraph 195.

Merchant Shipping and Maritime Security Act 1997 (c.28)

99.

In section 7 of the Merchant Shipping and Maritime Security Act 1997 (increased penalty for causing pollution, etc), omit subsections (1) and (2).

Countryside and Rights of Way Act 2000 (c.37)

100.

Omit section 78 of the Countryside and Rights of Way Act 2000 (limestone pavement orders).

Water Act 2003 (c.37)

101.

(1)

The Water Act 2003 is amended as follows.

(2)

In section 57 (the Chief Inspector of Drinking Water and the Drinking Water Inspectorate), omit subsection (7).

(3)

Omit section 60 (abstraction and impounding offences).

(4)

Omit section 61 (supplying water unfit for human consumption).

Marine and Coastal Access Act 2009 (c.23)

102.

(1)

The Marine and Coastal Access Act 2009 is amended as follows.

(2)

In section 199 (penalties for offences), omit subsection (2).

(3)

Omit section 205 (increase in penalties for certain offences relating to fisheries for shellfish).

(4)

In section 220 (enforcement), omit subsection (9).

Digital Economy Act 2010 (c.24)

103.

Omit section 42 of the Digital Economy Act 2010 (increase of penalties relating to infringing articles or illicit recordings).

Police Reform and Social Responsibility Act 2011 (c.13)

104.

In section 118 of the Police Reform and Social Responsibility Act 2011 (persistently selling alcohol to children), omit subsection (2).