Part 4 15Miscellaneous and General
Miscellaneous
38 Maximum penalties which may be specified in subordinate legislation
(1) The 1998 Act is amended as follows.
(2)
In section 113 (subordinate legislation: scope of powers), for subsection (10)
20substitute—
“(9A)
A power may not be exercised so as to create any criminal offence
punishable with any of the penalties specified for the offence in
subsection (9B) or (10).
(9B) In relation to Scotland, the specified penalties are—
(a)
25where the offence is triable on summary complaint only,
imprisonment for a period exceeding 12 months and a fine
exceeding level 5 on the standard scale,
(b)
where an offence triable either on indictment or on summary
complaint is tried on summary complaint, imprisonment for a
30period exceeding 12 months and a fine exceeding the statutory
maximum,
(c)
where the offence is tried on indictment, imprisonment for a
period exceeding two years.
(10)
In relation to England and Wales and Northern Ireland, the specified
35penalties are—
(a)
where the offence is tried summarily, imprisonment for a
period exceeding three months and a fine exceeding—
(i)
in the case of a summary offence, level 5 on the standard
scale,