APPENDIX IX
Memorandum by the Department
of the Environment,
Transport and the Regions
ENVIRONMENTAL
PROTECTION (CONTROLS
ON HEXACHLOROETHANE)
REGULATIONS 1998
(S.I. 1998/545)
1. The Committee has requested
a memorandum on the following point:
Regulation 5 makes
the offence of contravening regulation 3 triable either way, that
is on indictment or summarily, and, as regards summary conviction,
expresses the maximum fine in terms of "level 5 on the standard
scale". Ought not the maximum fine on summary conviction
to have been expressed in terms of the statutory maximum?
2. The Department recognises
that the use of the term "level 5" is not appropriate
for summary conviction where the offence may be tried either way
and that the correct way to have expressed a fine of (currently)
£5,000 would have been by using the term "statutory
maximum". The Department apologises for this error.
20th April 1998
| 
