PART 8Enforcement

Penalties for offencesI149

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 12 months 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 12 months 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), 37, 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 12 months 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 F1paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 comes into force, the reference in each of paragraphs (1)(a), (2)(a) and (3)(a) to 12 months is to be read as a reference to 6 months.