Schedule 2, Part 3, paragraph 30

The regulations may create offences relating to trading schemes. The regulations may provide for such an offence to be triable— only summarily, or either summarily or on indictment. The regulations may provide for such an offence to be punishable on summary conviction— with imprisonment for a term not exceeding such period as is specified in the regulations (which may not exceed the normal maximum term), with a fine not exceeding such amount as is so specified (which may not exceed £50,000), or with both. The “normal maximum term” means— in relation to England and Wales— in the case of an offence triable only summarily, 51 weeks, and in the case of an offence triable either summarily or on indictment, twelve months; in relation to Scotland— in the case of an offence triable only summarily, 6 months, and in the case of an offence triable either summarily or on indictment, twelve months; in relation to Northern Ireland, six months. Regulations that— must provide that, where the offence is committed before that date, it is punishable with imprisonment for a term not exceeding six months. are made before the date on which section 281(5) of the Criminal Justice Act 2003 (c. 44) comes into force, and in relation to England and Wales, make provision for a summary offence to be punishable with a term of imprisonment exceeding six months, Regulations that— must provide that, where the offence is committed before that date, it is punishable on summary conviction with imprisonment for a term not exceeding six months. are made before 2 May 2022, and in relation to England and Wales, make provision for an offence triable either summarily or on indictment to be punishable on summary conviction with a term of imprisonment exceeding six months, The regulations may provide for an offence to be punishable on indictment— with imprisonment for a term not exceeding such period as is specified in the regulations (which may not exceed five years), with a fine, or with both. The regulations may— provide for defences against offences, and make provision about matters of procedure and evidence in proceedings relating to offences.

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Source: legislation.gov.uk · retrieved 2026-07-30