Reg. 20 in force at made date, see reg. 1(2)
Words in reg. 13(2) inserted (18.10.2023) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) (Revocation and Amendment) Regulations 2023 (S.I. 2023/1108), regs. 1(2), 3(1)
Reg. 19 in force at made date, see reg. 1(2)
Reg. 34 in force at made date, see reg. 1(2)
Reg. 24 in force at made date, see reg. 1(2)
Reg. 14 in force at made date, see reg. 1(2)
Words in Sch. Pt. 1 substituted (18.10.2023) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) (Revocation and Amendment) Regulations 2023 (S.I. 2023/1108), regs. 1(2), 4(4)
Reg. 29 in force at made date, see reg. 1(2)
Word in Sch. Pt. 1 substituted (18.10.2023) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) (Revocation and Amendment) Regulations 2023 (S.I. 2023/1108), regs. 1(2), 4(3)
Word in reg. 20(2)(a) substituted (18.10.2023) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) (Revocation and Amendment) Regulations 2023 (S.I. 2023/1108), regs. 1(2), 3(2)
Words in Sch. Pt. 1 substituted (18.10.2023) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) (Revocation and Amendment) Regulations 2023 (S.I. 2023/1108), regs. 1(2), 4(7)
Reg. 10 in force at made date, see reg. 1(2)
Reg. 13 in force at made date, see reg. 1(2)
Reg. 32 in force at made date, see reg. 1(2)
Reg. 3 in force at made date, see reg. 1(2)
Reg. 26 in force at made date, see reg. 1(2)
Reg. 27 in force at made date, see reg. 1(2)
Reg. 23 in force at made date, see reg. 1(2)
Reg. 36 in force at made date, see reg. 1(2)
Reg. 12 in force at made date, see reg. 1(2)
Reg. 9 in force at made date, see reg. 1(2)
Reg. 22 in force at made date, see reg. 1(2)
Words in Sch. Pt. 1 substituted (18.10.2023) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) (Revocation and Amendment) Regulations 2023 (S.I. 2023/1108), regs. 1(2), 4(5)
Word in reg. 20(3)(a) substituted (18.10.2023) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) (Revocation and Amendment) Regulations 2023 (S.I. 2023/1108), regs. 1(2), 3(2)
Reg. 6 in force at made date, see reg. 1(2)
Reg. 4 in force at made date, see reg. 1(2)
Sch. Pt. 1: entry revoked (18.10.2023) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) (Revocation and Amendment) Regulations 2023 (S.I. 2023/1108), regs. 1(2), 2(2)
Reg. 2 in force at made date, see reg. 1(2)
Reg. 17 in force at made date, see reg. 1(2)
Reg. 15 in force at made date, see reg. 1(2)
Reg. 5 in force at made date, see reg. 1(2)
Reg. 21 in force at made date, see reg. 1(2)
Reg. 8 in force at made date, see reg. 1(2)
Reg. 11 in force at made date, see reg. 1(2)
Reg. 30 in force at made date, see reg. 1(2)
Reg. 33 in force at made date, see reg. 1(2)
Reg. 31 in force at made date, see reg. 1(2)
Reg. 7 in force at made date, see reg. 1(2)
Reg. 25 in force at made date, see reg. 1(2)
Reg. 28 in force at made date, see reg. 1(2)
Reg. 16 in force at made date, see reg. 1(2)
Sch. Pt. 2 in force at made date, see reg. 1(2)
Sch. Pt. 1 in force at made date, see reg. 1(2)
Reg. 35 in force at made date, see reg. 1(2)
Word in reg. 20(4)(a) substituted (18.10.2023) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) (Revocation and Amendment) Regulations 2023 (S.I. 2023/1108), regs. 1(2), 3(2)
Sch. Pt. 1: entry revoked (18.10.2023) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) (Revocation and Amendment) Regulations 2023 (S.I. 2023/1108), regs. 1(2), 4(2)
Reg. 1 in force at made date, see reg. 1(2)
Reg. 18 in force at made date, see reg. 1(2)
Sch. Pt. 1: entry revoked (18.10.2023) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) (Revocation and Amendment) Regulations 2023 (S.I. 2023/1108), regs. 1(2), 4(6)
Made
Coming into force in accordance with regulation 1
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 13(10) of the Judicial Review and Courts Act 2022
These Regulations may be cited as the Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023.
These Regulations come into force when they are made.
These Regulations extend to England and Wales.
In the provisions listed in column 1 of the table in Part 1 of the Schedule, for the words in the corresponding entry in column 2 of that table substitute
In the provisions listed in column 1 of the table in Part 2 of the Schedule, for the words in the corresponding entry in column 2 of that table substitute
The Nuclear Installations Act 1965
In section 1—
After subsection (7) insert—
A person convicted of an offence under subsection (7) in England and Wales is liable— on conviction on indictment to imprisonment for a term not exceeding 2 years, or a fine, or both; on summary conviction to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine, or both.
in subsection (8) omit “England and Wales or”.
in subsection (8)(b) omit “or a fine (in England and Wales)” and “(in Scotland)”.
in subsection (10), for “(8)(b)” substitute
In section 4—
After subsection (10) insert—
person convicted of an offence under subsection (7) in England and Wales is liable— on conviction on indictment to imprisonment for a term not exceeding 2 years, or a fine, or both; on summary conviction to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine, or both.
in subsection (11) omit “England and Wales or”.
in subsection (11)(b) omit “or a fine (in England and Wales)” and “(in Scotland)”.
in subsection (13), for “(11)(b)” substitute
In section 5—
After subsection (9) insert—
A person convicted of an offence under subsection (8) in England and Wales is liable— on conviction on indictment to imprisonment for a term not exceeding 2 years, or a fine, or both; on summary conviction to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine, or both.
in subsection (10) omit “England and Wales or”.
in subsection (10)(b) omit “or a fine (in England and Wales)” and “(in Scotland)”.
in subsection (13), for “(10)(b)” substitute
In section 22—
After subsection (3) insert—
person convicted of an offence under subsection (3) in England and Wales is liable— on conviction on indictment to imprisonment for a term not exceeding 2 years, or a fine, or both; on summary conviction to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both.
in subsection (4) omit “England and Wales”.
in subsection (4)(b) omit “or a fine (in England and Wales)” and “(in Scotland)”.
in subsection (6), for “(4)(b)” substitute
The Hydrocarbon Oil Duties Act 1979
In section 14D, omit subsection (6)(a).
After subsection (6) insert—
In this section as it extends to England and Wales, subsection (5)(a)(ii) has effect as if the reference there to 12 months were to the general limit in a magistrates’ court (or, in relation to offences committed before 2 May 2022, to 6 months).
The Representation of the People Act 1983
In paragraph 13(1ZD)(a)(i) of Schedule 2 omit “England and Wales or”.
In paragraph 13(1ZD)(a)(i) omit “;” and substitute
After paragraph 13(1ZD)(a)(ii) insert—
in England and Wales, the general limit in a magistrates’ court.
The Insolvency Act 1986
In column 4 of the table in Schedule 10 for “On conviction in England and Wales: 12 months” substitute
section A8(4);
section A17(6);
section A24(4);
section A25(3)(b);
section A26(4)(b);
section A27(1)(b);
section A28(5)(b);
section A29(6)(b);
section A30(2)(b);
section A31(10)(b);
section A32(4)(b);
section A46(1);
section A46(4);
section A47(1) and
section A49(5).
The Road Traffic Offenders Act 1988
In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988, in the entry relating to section 1A of the Road Traffic Act 1988, in the fourth column, in paragraph (a), at the end insert
In Part 1 of Schedule 2, in the entries relating to sections 2B, 2C and 3ZB of the Road Traffic Act 1988, in the fourth column, for “12 months (in England and Wales)” substitute
In Part 1 of Schedule 2 in the entries relating to section 3ZD of the Road Traffic Act 1988, in the fourth column, for “England and Wales: 12 months” substitute
The Political Parties, Elections and Referendums Act 2000
In the table in Schedule 20 in relation to the following provisions: paragraph 17(4) of Schedule 7, paragraphs 6(2) and 6(3) of Schedule 19A and 13(3) of Schedule 19B for “12 months” substitute
In the table in Schedule 20 in relation to paragraph 14 of Schedule 19C for “On summary conviction in England and Wales: fine or 12 months” substitute
The Terrorism Act 2000
In section 58A after subsection (3) insert—
In subsection (3)(b)(i), in its application to England and Wales, the reference to 12 months is to be read as a reference to the general limit in a magistrates’ court.
The Anti-terrorism, Crime and Security Act 2001
In section 77(3)—
omit “England and Wales” in the first place those words occur, and
after “Scotland)” insert
The Energy Act 2004
In section 131C after subsection (5) insert—
In the application of this section in England and Wales the reference in subsection (4)(b) to twelve months is to be read as a reference to the general limit in a magistrates’ court (or in relation to an offence committed before 2 May 2022, to six months).
In subsection (6) omit paragraph (a) (and the “or” at the end of paragraph (a)).
The Companies (Audit, Investigations and Community Enterprise) Act 2004
In subsection (6) of section 15A for the words “in the” to the end substitute
In subsection (6) of section 15C, for the words “in the” to the end substitute
In paragraph 5(3) of Schedule 7 for “six” substitute
The Digital Switchover (Disclosure of Information) Act 2007
In the application of this section in England and Wales, the reference in subsection (7)(b) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).
In section 3 omit subsection (8)(a).
The Serious Crime Act 2007
In section 25 after subsection (3) insert—
In the application of subsection (2)(a) in England and Wales, the reference to 12 months is to be read as a reference to the general limit in a magistrates’ court subject to paragraph 4 of Schedule 13.
In section 70 after subsection (5) insert—
In the application of subsection (1)(a) in England and Wales, the reference to 12 months is to be read as a reference to the general limit in a magistrates’ court subject to paragraph 8 of Schedule 13.
The Statistics and Registration Act 2007
After section 39(9) insert—
In the application of this section in England and Wales the reference in subsection (9)(b) is to be read as a reference to the general limit in a magistrates’ court (but this is subject to subsection (11)).
The Criminal Justice and Immigration Act 2008
In section 113(7)(a) omit “England and Wales and”.
In subsection (7) insert after (b)—
in relation to England and Wales, the general limit in a magistrates’ court.
In paragraph 31 of Schedule 27, for “In section 113(7)(a) in its application in relation to England and Wales the reference to 12 months is to be read as a reference to 6 months in relation to an offence committed before 2 May 2022”, substitute,
The Counter-Terrorism Act 2008
In section 54, after subsection (2) insert—
In the application of this section in England and Wales, the reference in subsection (2)(a) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).
Omit subsection (3)(a).
In paragraph 15 of Schedule 5 after sub-paragraph (2) insert—
In the application of this paragraph in England and Wales, the reference in sub-paragraph (2)(a) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).
Omit sub-paragraph (3)(a).
The Regulatory Enforcement and Sanctions Act 2008
In section 49 omit subsection (2)(a).
After subsection (1) insert—
In the application of this section in England and Wales, the reference in subsection (1)(a) to twelve months is to be read as a reference to the general limit in a magistrates’ court (or to six months in relation to an offence committed before 2 May 2022).
The Learner Travel (Wales) Measure 2008
In paragraph 10(1)(a) of Schedule A1 of the Welsh language text for “hwy na deuddeng mis” substitute
In paragraph 10(2) of Schedule A1 of the Welsh language text for “ddeuddeng mis” substitute
The Corporation Tax Act 2009
Section 1207 is amended as follows.
After subsection (3) insert—
In the application of this section in England and Wales, the reference in subsection (3)(b) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).
Omit subsection (6)(a).
Section 1216CN is amended as follows.
After subsection (3) insert—
In the application of this section in England and Wales, the reference in subsection (3)(b) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).
Omit subsection (6)(a).
Subsection 1217CN is amended as follows.
After subsection (3) insert—
In the application of this section in England and Wales, the reference in subsection (3)(b) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).
Omit subsection (6)(a).
The Parliamentary Standards Act 2009
After section 10(2) insert—
In the application of this section in England and Wales, the reference in subsection (2)(a) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).
Omit subsection (3)(a).
The Bribery Act 2010
After section 11(1) insert—
In the application of this section in England and Wales, the reference in subsection (1)(a) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).
Omit subsection (4)(a).
The Identity Documents Act 2010
In section 6(3)(a) omit “England and Wales or”.
In subsection (3), after paragraph (b) insert—
in England and Wales, the general limit in a magistrates’ court.
In subsection (4) for “(3)(a)” substitute
The Charities Act 2011
In section 57 after subsection (6) insert—
In the application of this section to England and Wales, the reference in subsection (4)(a) to 12 months is to be read as a reference to the general limit in a magistrates’ court
The Legal Aid, Sentencing and Punishment of Offenders Act 2012
In section 143(6) for the words from ““12 months” to “6 months” substitute ““the general limit in a magistrates’ court” is to be read as “6 months”.
The Energy Act 2013
For section 102(4) substitute—
In the application of this section in England and Wales, the reference in subsection (3)(a)(i) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).
For section 103(3) substitute—
In the application of this section in England and Wales, the reference in subsection (2)(a)(i) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).
For section 105(8) substitute—
In the application of this section in England and Wales, the reference in subsection (7)(a)(i) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).
For paragraph 7(3) of Schedule 8 substitute—
In the application of this paragraph in England and Wales, the reference in sub-paragraph (2)(a)(i) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).
For paragraph 17(4) of Schedule 8 substitute—
In the application of this paragraph in England and Wales, the reference in sub-paragraph (3)(a)(i) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).
For paragraph 6(2) of Schedule 9 substitute—
In the application of this paragraph in England and Wales, the reference in sub-paragraph (1)(a)(i) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).
For paragraph 13(8) of Schedule 10 substitute—
In the application of this paragraph in England and Wales, the reference in sub-paragraph (7)(a)(i) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).
The Crime and Courts Act 2013
After section 28(7) insert—
In the application of this section in England and Wales, the reference in subsection (7)(b)(i) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).
Omit subsection (8)(a).
In paragraph 30(3)(b)(i) and 30(4) of Schedule 16, after “12 months” insert
The Mobile Homes (Wales) Act 2013
In section 43(3)(a) of the Welsh language text for “fwy na 12 mis” substitute
In paragraph 9 of Schedule 5 of the Welsh language text for “12 mis” substitute
The Defence Reform Act 2014
In paragraph 2 of Schedule 5 after sub-paragraph (3) insert—
In the application of this paragraph in England and Wales, the reference in sub-paragraph (3)(a) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).
Omit sub-paragraph (4)(a).
In paragraph 6 of Schedule 5 after sub-paragraph (6)(1) insert—
In the application of this paragraph in England and Wales, the reference in sub-paragraph (1)(c)(i) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).
Omit sub-paragraph (2)(a).
The Finance Act 2014
In section 174 after subsection (3) insert—
In the application of this section in England and Wales, the reference in subsection (2)(a) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).
Omit subsection (4)(a).
The Tax Collection and Management (Wales) Act 2016
In section 20(3)(a) of the Welsh language text substitute
The Export Control Order 2008
In articles 34(4)(a)(i), 34(6)(a)(i), 35(3)(a)(i), 35(5)(a)(i), 36(3)(a)(i) and 36(6)(a)(i) omit “England and Wales or”.
After articles 34(4)(a)(ii), 34(6)(a)(ii), 35(3)(a)(ii), 35(5)(a)(ii), 36(3)(a)(ii) and 36(6)(a)(ii) insert—
in England and Wales, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding the general limit in a magistrates’ court, or to both; or
In article 34(8) for “paragraphs (4)(a)(i) and (6)(a)(i)” substitute
In article 35(9) for “paragraphs (3)(a)(i) and (5)(a)(i)” substitute
In article 36(8) for “paragraph (3)(a)(i)” substitute
The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008
In regulation 6(6)(a) of the Welsh language text for “hwy na 12 mis” substitute
In regulation 6(7) of the Welsh language text for “12 mis” substitute
The National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010
In paragraph 5(4) of Schedule 4 for “12 months” substitute
The Environmental Civil Sanctions (Wales) Order 2010
In paragraph 6(1)(a) of Schedule 3 of the Welsh language text for “fwy na deuddeng mis” substitute
In paragraph 6(2) of Schedule 3 of the Welsh language text for “ddeuddeng mis” substitute
The Environmental Protection (Microbeads) (Wales) Regulations 2018
In paragraph 16(1)(a) of the Schedule of the Welsh language text for “hwy na 12 mis” substitute
In paragraph 16(2) of the Schedule of the Welsh language text for “12 mis” substitute
Regulation 2
Column 1(provision) | Column 2 (words to be substituted) |
---|---|
Sections 40C(5)(b), 40CA(4)(b), 40CB(4)(b) and 40D(5)(b) of the Prison Act 1952 | “12 months” |
Section 1A(4)(a) and (8) of the Prevention of Crime Act 1953 | “12 months” |
Sections 1(10), 4(13), 5(13) and 22(6) of the Nuclear Installations Act 1965 | “12 months” |
Section 4A(2)(a)(i) of the Firearms Act 1968 | “12 months” |
Section 3(3)(a) of the Caravan Sites Act 1968 | “12 months” |
Section 106A(2)(a) and (3) of the Taxes Management Act 1970 | “12 months” |
Section 24(F1)(a) and (G1) of the Immigration Act 1971 | “12 months” |
Section 44BC(4)(a) and (5) of the Solicitors Act 1974 | “12 months” |
Schedule 3A to the Health and Safety at Work etc. Act 1974 all entries in column 3 headed “penalty on summary conviction” of the table (except the entry relating to an offence under section 33(1)(h)) and paragraph 2(2) | “12 months” |
Section 88G(5)(a)(i) and (7) of the Alcoholic Liquor Duties Act 1979 | “12 months” |
Sections 139A(5)(a) and (5ZA) and 139AA(6)(a) and (10) of the Criminal Justice Act 1988 | “12 months” |
Section 63B(6)(a) and (8) of the Local Government Finance Act 1988 | “12 months” |
Section 8A(11)(a)(i) of the Firearms (Amendment) Act 1988 | “12 months” |
Sections 1(3)(a), 2(5)(a), 3(6)(a), 3A(5)(a), 16(1A)(b), (2A)(b), (3A)(b) and (3B)(b) of the Computer Misuse Act 1990 | “12 months” |
Section 196D(5)(a) and (6) of the Town and Country Planning Act 1990 | “12 months” |
Section 33(8)(a) of the Environmental Protection Act 1990 | “12 months” |
Section 37B(6)(a) and (8) of the Land Drainage Act 1991 | “12 months” |
Section 14B(4)(b) and paragraph 15D(3)(b) and (7) of Schedule 2 to the Local Government Finance Act 1992 | “12 months” |
Section 4C(4)(b) and (5) of the National Lottery etc. Act 1993 | “12 months” |
Section 1(3)(b) and (7) of the Prisoners (Return to Custody) Act 1995 | “12 months” |
Section | “12 months” |
Sections 42A(5)(b) and 63CA(5)(b) of the Family Law Act 1996 | “12 months” |
Paragraph 26(1)(a) and (1A) of Schedule 1 to the Housing Act 1996 | “12 months” |
Section 32ZA(5)(b) and (6) of the Crime (Sentences) Act 1997 | “12 months” |
Section 4A(5)(b) and (6) of the Protection from Harassment Act 1997 | “twelve months” |
Section 5B(6)(a) and 5C(4) of the Petroleum Act 1998 | “12 months” |
Paragraph 25(2)(a)(i) of Schedule 1 to the Pollution Prevention and Control Act 1999 | “12 months” |
Section 23(1G)(a) of the Financial Services and Markets Act 2000 | “12 months” |
In the table in Schedule 20 to the Political Parties, Elections and Referendums Act 2000 in relation to the following provisions: sections 71L(2), 71L(4), 71L(6), 71L(8), 71L(9), 71S(5) and 71T(5), and paragraphs 8(1), 8(2), 8(3), 8(4), 8(5), 8(6), 8(7), 8(8), 8(9), 12(2), and 13(4) of Schedule 7A | “12 months” |
Paragraph 11(4)(b) and (6) of Schedule 5A to the Terrorism Act 2000 | “12 months” |
Section 77(3A) of, and paragraphs 7(6)(a)(i) and 7(7)(a)(i) of Schedule 3 to, the Anti-terrorism, Crime and Security Act 2001 | “12 months” |
“12 months” | |
Paragraph 9B(5)(b)(i) and (6) of Schedule 5 to the Courts Act 2003 | “12 months” |
Sections 15A(3)(a) and 67A(4)(a) and (5) of the Sexual Offences Act 2003 | “12 months” |
Section 255ZA(5)(b) and (6) of the Criminal Justice Act 2003 | “12 months” |
Section 5(2)(b) of, and paragraph 4(5)(b) of Schedule 2 to, the Female Genital Mutilation Act 2003 | “12 months” |
Section 34(7)(a)(i) and (9) of the Fire and Rescue Services Act 2004 | “12 months” |
Section 25(3)(d) and (e), and paragraphs 26(2) and (3) of Schedule 2 to, the Companies (Audit, Investigations and Community Enterprise) Act 2004 | “12 months” |
Paragraph 5(3) of Schedule 7 of the Companies (Audit, Investigations and Community Enterprise) Act 2004 | “twelve” |
Paragraph 5(2)(b) of Schedule 7 to the Companies (Audit, Investigations and Community Enterprise) Act 2004 | “twelve months” |
Paragraph 1(2) of Schedule 12 to the Domestic Violence, Crime and Victims Act 2004 | “12 months” |
Section 12(3) of the Gangmasters (Licensing) Act 2004 | “twelve months” |
Sections 2(9)(b) and (15) and 35(4)(b) and (9) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 | “twelve months” |
Sections 32(4)(a)(i) and 58(1) of the Human Tissue Act 2004 | “12 months” |
Section 82(5)(a) and (6) of the Pensions Act 2004 | “12 months” |
Section 64D(8)(b) of the Public Audit (Wales) Act 2004 | “12 months” |
Section 44(3)(a) of, and paragraph 4(4)(a) to Schedule 1 to, the Mental Capacity Act 2005 | “12 months” |
Sections 19(4)(b), 21(6)(b), 29(6)(b), 40(7) and 55(1), (2), (3) and (7) of the Commissioners for Revenue and Customs Act 2005 | “12 months” |
Sections 67(5)(b), 86(2)(b), 88(3)(b), 147(1)(a) and 175(2) of the Serious Organised Crime and Police Act 2005 | “12 months” |
Section 41(3) of the Clean Neighbourhoods and Environment Act 2005 | “12 months” |
Sections 109(3)(b) and (4) and 111(4)(b) and (5) of the Education Act 2005 | “12 months” |
Sections 1(7)(b) and (8), 2(11)(b) and (12), 6(5)(b) and (6) and 8(4)(b) and (5) of the Terrorism Act 2006 | “12 months” |
Section 21(2)(b)(i) and (4) of the Immigration, Asylum and Nationality Act 2006 | “12 months” |
Section 12(5)(a) and (6) of the Children and Adoption Act 2006 | “12 months” |
Section 13B(4)(b) and (5) of the Childcare Act 2006 | “12 months” |
Sections 21(2)(b) and 78(2) of the Health Act 2006 | “12 months” |
Sections 1(3)(a), 6(2)(a), 7(2)(a) and 9(6)(a), 11(3)(a), and paragraph 1 of Schedule 2 to, the Fraud Act 2006 | “12 months” |
Sections 35(2)(a), 36(2)(a), 37(2)(a), 38(6)(a), 47(4)(a), 68(3)(a) and 93(1)(a) of, and paragraph 16 of Schedule 8 to, the Wireless Telegraphy Act 2006 | “12 months” |
Sections 204(6)(b) and 208(1), and paragraph 8(4) of Schedule 10 to, the National Health Service Act 2006 | “12 months” |
“twelve months” | |
Section 152(6)(b) and 156(1) of the National Health Service (Wales) Act 2006 | “12 months” |
Section 32(1)(a) and (4A) of the Animal Welfare Act 2006 | “12 months” |
Section 61(5) of the Road Safety Act 2006 | “12 months” |
Sections 7(2)(b) and (6), 9(3)(b) and (6) and 19(5)(b) and (10) of the Safeguarding Vulnerable Groups Act 2006 | “12 months” |
Section 38(6) of the Police and Justice Act 2006 | “12 months” |
Section 72(6)(a), and paragraph 16 of Schedule 10 to, the Charities Act 2006 | “12 months” |
Sections 1131(1) and (2), 1186(2)(b)(i) and (3) 1191(2)(b)(i) and (3) and 1250(5) of the Companies Act 2006 | “twelve months” |
Section 102(9)(b) of the Tribunals, Courts and Enforcement Act 2007 | “twelve months” |
Paragraph 5 of Schedule 4 to the Offender Management Act 2007 | “12 months” |
Sections 14(3)(a) and (5), 16(5)(a) and (7), 17(2)(a) and (3) and 181(2)(a) and (3) of the Legal Services Act 2007 | “12 months” |
Section 42(4)(b) and (5) of the UK Borders Act 2007 | “12 months” |
Section 67(4)(a), and | “12 months” |
Paragraph 10(1)(a) and (2) of Schedule A1 of the Learner Travel (Wales) Measure 2008 | “twelve months” |
Sections 10(4)(a) and (5) and 76(3)(a) and (4) of the Health and Social Care Act 2008 | “12 months” |
Section 264(2)(a) and (4) of the Housing and Regeneration Act 2008 | “12 months” |
Sections 76(6)(b) and (7) and 90(4)(b) and (6) of the Education and Skills Act 2008 | “12 months” |
Paragraphs 30(4A)(a)(i), 30A(1A)(a)(i) and 31(2)(a)(i) of Schedule 7 to, the Counter-Terrorism Act 2008 | “12 months” |
Section 18(5)(b)(i) and (6) of the Borders, Citizenship and Immigration Act 2009 | “12 months” |
Sections 66(3)(a) and 76(12)(a) of, and paragraphs 12(1) and 14 of Schedule 22 to, the Coroners and Justice Act 2009 | “12 months” |
Section 6(4) of the Identity Documents Act 2010 | “12 months” |
Paragraphs 5(2)(b) and (5) of Schedule 25 to the Finance Act 2011 | “12 months” |
Section 23(3)(b) and (4) of the Terrorism Prevention and Investigation Measures Act 2011 | “12 months” |
Section 183(3)(a) of, and paragraphs 14 and 24 of Schedule 9 to, the Charities Act 2011 | “12 months” |
Paragraph 37(2)(b) and (4) of Schedule 24 to the Finance Act 2012 | “12 months” |
Section 33(4)(b)(i) and (7), and paragraph 2(4)(b)(i) and (7) of Schedule 6 to, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 | “12 months” |
Sections 129(7)(b) and (9) and 132(3)(b) and (9) of the Welfare Reform Act 2012 | “twelve months” |
Section 92(2)(a) of the Financial Services Act 2012 | “12 months” |
Section 13(3) of the Electoral Registration and Administration Act 2013 | “12 months” |
Paragraph 10(7)(a)(i) and (8) of Schedule 7 to the Crime and Courts Act 2013 | “12 months” |
Section 75(3)(a)(ii) of the Energy Act 2013 | “12 months” |
Section 43(3)(a) of, and paragraph 9 of Schedule 5 to, the Mobile Homes (Wales) Act 2013 | “12 months” |
Sections 36(4)(a)(i) and 90(7)(a)(i) of, and paragraph 14(2)(a)(i) of Schedule 5 to, the Financial Services (Banking Reform) Act 2013 | “12 months” |
Section 9(2)(a) and (7) of the Mesothelioma Act 2014 | “12 months” |
Section 121(9)(a) and (10) of the Anti-social Behaviour, Crime and Policing Act 2014 | “12 months” |
Section 33C(1)(b) and (2) of the Immigration Act 2014 | “12 months” |
Sections 20(2)(b) and (9), 29(3)(a) and 33(9)(b) and (11) of, and paragraphs 15(3)(b) and (4) and 25(3)(b) and (4) of Schedule 10 to, the Criminal Justice and Courts Act 2015 | “12 months” |
Sections 10(5)(b) and 49(1) of the Counter-Terrorism and Security Act 2015 | “12 months” |
Sections 69(3)(a), 75A(5)(a)(i), 76(11)(b) and 86(14) of the Serious Crime Act 2015 | “12 months” |
Paragraphs 12(7)(b)(i), 14(6)(b)(i), 15(5)(b)(i), 20(5)(b)(i) and 21(2)(a) of Schedule 4 to the Recall of MPs Act 2015 | “12 months” |
Section 5(1)(b), (2)(b) and (4) of the Modern Slavery Act 2015 | “12 months” |
Paragraphs 39(11)(b) and (12) and 40(4)(b) and (5) of Schedule 1 to European Union Referendum Act 2015 | “12 months” |
Sections 10(1)(a)(i) and (2)(a)(i) and 26(2)(a)(i) of the Psychoactive Substances Act 2016 | “12 months” |
Section 27(2)(b) and (3) of the Immigration Act 2016 | “12 months” |
Sections 11(4)(a)(i), 43(7)(a)(i), 59(2)(a)(i), 82(3)(a)(i), 134(2)(a)(i), 155(2)(a)(i), 173(2)(a)(i), 174(3)(a)(i), 196(2)(a)(i) and 224(4)(a)(i) of the Investigatory Powers Act 2016 | “12 months” |
Section 20(3)(a) of the Tax Collection and Management (Wales) Act 2016 | “12 months” |
Sections 68(4)(a)(i) of the Policing and Crime Act 2017 | “12 months” |
Section 17(6)(b) and (9) of the Cultural Property (Armed Conflicts) Act 2017 | “12 months” |
Sections 50(3)(a)(i) and (6) and 51(4)(a)(i) and (7) of the Finance Act 2017 | “12 months” |
Sections 41(6)(a) and (7), 50(6)(a) and (7), 58(6)(a) and (7), 66(12)(a) and (13) and 68(10)(a) and (11) of the Digital Economy Act 2017 | “12 months” |
Section 53(4)(a) and (6) of the Finance (No. 2) Act 2017 | “12 months” |
Section 53(4)(a) and (8) of the Space Industry Act 2018 | “12 months” |
Sections 1(4)(a) and (5) and 2(4)(a) and (5) of the Laser Misuse (Vehicles) Act 2018 | “12 months” |
Section 17(5)(b)(i) of the Sanctions and Anti-Money Laundering Act 2018 | “12 months” |
Section 1(2)(a) and (4) of the Assaults on Emergency Workers (Offences) Act 2018 | “12 months” |
Section 12(4)(a) and (5) of the Ivory Act 2018 | “12 months” |
Sections 8(2)(a) and (3) and 11(2)(a) and (7) of the Stalking Protection Act 2019 | “12 months” |
Sections 6(7)(a) and (8), 25(2)(a) and (3), 29(2)(a) and (3) and 52(6)(a) and (7) of the Offensive Weapons Act 2019 | “12 months” |
Section 342G(2)(a) and (3) of the Sentencing Act 2020 | “12 months” |
Section 16(4)(b)(i) and (5) of the European Union (Future Relationship) Act 2020 | “12 months” |
Section 15(4)(b)(i) and (5) of the Trade Act 2021 | “12 months” |
Section 39(1)(a), (2)(a) and (3) of the National Security and Investment Act 2021 | “12 months” |
Section 77(3)(a)(i) and (6) of the Finance Act 2021 | “12 months” |
Sections 39(5)(a)(i) and 43(3)(a)(i) of the Domestic Abuse Act 2021 | “12 months” |
Section 78(4)(a) and (5) of the Police, Crime Sentencing and Courts Act 2022 | “12 months” |
Section 6(5)(a) and (6) of the Glue Traps (Offences) Act 2022 | “12 months” |
Column 1 (provision) | Column 2 (words to be substituted) |
---|---|
Regulations 29ZB(6)(b) and 32ZBC(2)(b) of the Representation of the People (England and Wales) Regulations 2001 | “12 months” |
Articles 34(8), 35(9) and 36(8) of the Export Control Order 2008 | “twelve months” |
Regulation 6(6)(a) and (7) of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 | “12 months” |
Article 10(7) of the Court Martial Appeal Court (Bail) Order 2009 | “12 months” |
Regulation 32A(2)(a)(i) and (4) of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 | “12 months” |
Paragraph 6(1)(a) and (2) of Schedule 3 to the Environmental Civil Sanctions (England) Order 2010 | “twelve months” |
Paragraph 6(1)(a) and (2) of Schedule 5 to the Environmental Civil Sanctions (Wales) Order 2010 | “twelve months” |
Regulation 6(7)(b) and (8) of the Disclosure of State Pension Credit Information (Warm Home Discount) Regulations 2011 | “12 months” |
Regulation 6(6)(a) and (7) of the Local Authorities (Conduct of Referendums) (England) Regulations 2012 | “12 months” |
Regulation 12(6)(a) and (7) of the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 | “12 months” |
Regulation 6(5)(a) and (6) of the Neighbourhood Planning (Referendums) Regulations 2012 | “12 months” |
Regulation 3(2)(b) of the Electoral Registration (Disclosure of Electoral Registers) Regulations 2013 | “12 months” |
Regulation 11(5)(a) and (6) of the Electricity and Gas (Market Integrity and Transparency) (Criminal Sanctions) Regulations 2015 | “12 months” |
Regulation 14(1)(f)(i) of the Payment Card Interchange Fee Regulations 2015 | “12 months” |
Regulation 39(1)(a), (2)(a) and (3) of the Environmental Permitting (England and Wales) Regulations 2016 | “12 months” |
Regulation 135(1)(g)(i) of the Payment Services Regulations 2017 (S.I. 2017/752) | “12 months” |
Paragraph 16(1)(a) and (2) of the Schedule to the Environmental Protection (Microbeads) (England) Regulations 2017 | “twelve months” |
Article 9(1)(b)(i) and (2)(b)(i) of the Andrey Lugovoy and Dmitri Kovtun Freezing Order 2018 | “12 months” |
Regulation 11(1)(b)(i) and (3) of the Nuclear Security (Secretary of State Security Directions) Regulations 2018 | “12 months” |
Paragraph 16(1)(a) and (2) of the Schedule to the Environmental Protection (Microbeads)(Wales) Regulations 2018 | “twelve months” |
Regulation 51(1)(a), (2)(a), (3)(a) and (5) of the Iran (Sanctions) (Human Rights) (EU Exit) Regulations 2019 | “12 months” |
Regulation 51(1)(a), (2)(a), (3)(a) and (5) of the Venezuela (Sanctions) (EU Exit) Regulations 2019 | “12 months” |
Regulation 110(1)(a), (2)(a), (3)(a) and (5) of the Democratic People’s Republic of Korea (Sanctions) (EU Exit) Regulations 2019 | “12 months” |
Regulation 49(1)(a), (2)(a), (3)(a) and (5) of the Democratic Republic of the Congo (Sanctions) (EU Exit) Regulations 2019 | “12 months” |
Regulation 49(1)(a), (2)(a), (3)(a) and (5) of the South Sudan (Sanctions) (EU Exit) Regulations 2019 | “12 months” |
Regulation 56(1)(a), (2)(a), (3)(a) and (5) of the Iran (Sanctions) (Nuclear) (EU Exit) Regulations 2019 | “12 months” |
Regulation 39(1)(a), (2)(a) and (4) of the ISIL (Da’esh) and Al-Qaida (United Nations Sanctions) (EU Exit) Regulations 2019 | “12 months” |
Regulation 31(1)(a), (2)(a) and (4) of the Republic of Guinea-Bissau (Sanctions) (EU Exit) Regulations 2019 | “12 months” |
Regulation 42(1)(a), (2)(a), (3)(a) and (5) of The Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019 | “12 months” |
Regulation 28(1)(a), (2)(a) and (4) of the Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019 | “12 months” |
Regulation 48(1)(a), (2)(a), (3)(a) and (5) of the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 | “12 months” |
Regulation 49(1)(a), (2)(a), (3)(a) and (5) of the Zimbabwe (Sanctions) (EU Exit) Regulations 2019 | “12 months” |
Regulation 31(1)(a), (2)(a) and (4) of the Chemical Weapons (Sanctions) (EU Exit) Regulations 2019 | “12 months” |
Regulation 79(1)(a), (2)(a), (3)(a) and (5) of the Syria (Sanctions) (EU Exit) Regulations 2019 | “12 months” |
Regulation 80(1)(a), (2)(a), (3)(a) and (5) of the Russia (Sanctions) (EU Exit) Regulations 2019 | “12 months” |
Regulation 30(1)(a), (2)(a), and (4) of the Guinea (Sanctions) (EU Exit) Regulations 2019 | “12 months” |
Paragraph 16(1)(a) and (2) of the Schedule to the Environmental Protection (Plastic Straws, Cotton Buds and Stirrers) (England) Regulations 2020 | “twelve months” |
Article 9(1)(b)(i) and (2)(b)(i) of the Andrey Lugovoy and Dmitri Kovtun Freezing Order 2020 | “12 months” |
Regulation 30(1)(a), (2)(a) and (4) of the Cyber (Sanctions) (EU Exit) Regulations 2020 | “12 months” |
Regulation 31(1)(a), (2)(a) and (4) of the Bosnia and Herzegovina (Sanctions) (EU Exit) Regulations 2020 | “12 months” |
Regulation 30(1)(a), (2)(a) and (4) of the Nicaragua (Sanctions) (EU Exit) Regulations 2020 | “12 months” |
Regulation 24(1)(a), (2)(a) and (3) of the Lebanon (Sanctions) (EU Exit) Regulations 2020 | “12 months” |
Regulation 49(1)(a), (2)(a), (3)(a) and (5) of the Central African Republic (Sanctions) (EU Exit) Regulations 2020 | “12 months” |
Regulation 25(1)(a) and (3) of the Lebanon (Sanctions) (Assassination of Rafiq Hariri and others) (EU Exit) Regulations 2020 | “12 months” |
Regulation 63(1)(a), (2)(a), (3)(a) and (5) of the Somalia (Sanctions) (EU Exit) Regulations 2020 | “12 months” |
Regulation 32(1)(a), (2)(a) and (4) of the Global Human Rights Sanctions Regulations 2020 | “12 months” |
Regulation 32(1)(a), (2)(a) and (4) of the Mali (Sanctions) (EU Exit) Regulations 2020 | “12 months” |
Regulation 50(1)(a), (2)(a), (3)(a) and (5) of the Iraq (Sanctions) (EU Exit) Regulations 2020 | “12 months” |
Regulation 50(1)(a), (2)(a), (3)(a) and (5) of the Sudan (Sanctions) (EU Exit) Regulations 2020 | “12 months” |
Regulation 38(1)(a), (2)(a) and (4) of the Afghanistan (Sanctions) (EU Exit) Regulations 2020 | “12 months” |
Regulation 20(1)(a) and (2) of the Syria (United Nations Sanctions) (Cultural Property) (EU Exit) Regulations 2020 | “12 months” |
Regulation 49(1)(a), (2)(a), (3)(a) and (5) of the Yemen (Sanctions) (EU Exit) (No. 2) Regulations 2020 | “12 months” |
Regulation 31(1)(a), (2)(a) and (4) of the Unauthorised Drilling Activities in the Eastern Mediterranean (Sanctions) (EU Exit) Regulations 2020 | “12 months” |
Regulation 66(1)(a), (2)(a), (3)(a) and (5) of the Libya (Sanctions) (EU Exit) Regulations 2020 | “12 months” |
Regulation 31(1)(a), (2)(a) and (4) of the Global Anti-Corruption Sanctions Regulations 2021 | “12 months” |
Regulation 60(1)(a), (2)(a), (3)(a) and (5) of the Myanmar (Sanctions) Regulations 2021 | “12 months” |
Regulation 269(1)(a) and (2) of The Space Industry Regulations 2021 | “12 months” |
In column 1 of the table in Schedule 1, relating to Schedule 4A Part 1 paragraph 11(4) and paragraphs 3(2)(a), 22(2)(a), 43B(3)(a) and 46C(4)(a) of Schedule 8A to the Immigration (Jersey) Order 2021 | “12 months” |
Regulation 31(1)(a), (2)(a) and (4) of the Burundi (Sanctions) Regulations 2021 | “12 months” |
(This note is not part of the Regulations)
This instrument is made under section 13(10) of the Judicial Review and Courts Act 2022 (c. 35). Part 2 of these regulations amends both primary and secondary legislation to reflect the changes made by section 224 of the Sentencing Act 2020 (c. 17) which specifies that the maximum penalty that the magistrates’ court may impose is 6 months for a summary offence and 12 months for a triable either way offence. Prior to 2 May 2022 the maximum penalty for a triable either way offence was 6 months. The maximum sentence for a triable either way offence is now the general limit in the magistrates’ court. Accordingly, this instrument makes necessary amendments to reflect this. Amendments also include changes to Welsh language text. The required substitutions are set out in Part 1 and 2 of the tables to the Schedule. Parts 3 and 4 of these regulations make specific amendments to primary and secondary legislation for the same purpose as Part 2 above. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.