Section 39

Subject to paragraph (2), a person guilty of an offence under regulation 38(1), (2) or (3) is liable— on summary conviction to a fine or imprisonment for a term not exceeding the general limit in a magistrates’ court, or to both; on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years, or to both. A person guilty of offence under regulation 38(1), (2) or (3) in respect of a flood risk activity is liable— on summary conviction to a fine or imprisonment for a term not exceeding the general limit in a magistrates’ court, or to both; on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or both. In relation to an offence committed before 2nd May 2022 , paragraphs (1)(a) and (2)(a) have effect as if for “the general limit in a magistrates’ court” there were substituted “ 6 months ”. A person guilty of an offence under regulation 38(4) is liable— on summary conviction to a fine; on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or to both. An establishment or undertaking guilty of an offence under regulation 38(5) is liable on summary conviction to a fine not exceeding level 2 on the standard scale. Schedule 26 (enforcement undertakings) has effect. Schedule 26A (Variable monetary penalties (England)) has effect.

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