Penalties for offencesU.K.
This section has no associated Explanatory Memorandum
49.—(1) A person who commits an offence under any provision of Part 3 (Finance) or regulation 36 (finance: licensing offences), is liable—
(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding [the general limit in a magistrates’ court] or a fine (or both);
(b)on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
(c)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
(d)on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine (or both).
(2) A person who commits an offence under any provision of Part 5 (Trade) is liable—
(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding [the general limit in a magistrates’ court] or a fine (or both);
(b)on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
(c)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
(d)on conviction on indictment, to imprisonment for a term not exceeding 10 years or a fine (or both).
(3) A person who commits an offence under regulation 9(6) (confidentiality), regulation 37 (trade: licensing offences), 45(6) or 46(5) (offences in connection with trade licences) is liable—
(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding [the general limit in a magistrates’ court] or a fine (or both);
(b)on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
(c)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
(d)on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).
(4) A person who commits an offence under regulation 39(6) or 43 (information offences in connection with Part 3) is liable—
(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding 6 months or a fine (or both);
(b)on summary conviction in Scotland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both);
(c)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).
(5) In relation to an offence committed before [2nd May 2022] the reference in each of paragraphs (1)(a), (2)(a) and (3)(a) to [the general limit in a magistrates’ court] is to be read as a reference to 6 months.
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