Select Committee on Joint Committee on Statutory Instruments Forty-Third Report


Memorandum by HM Treasury



1.  The Committee has requested a further memorandum on the following point:

        Regulation 4(2) provides for a fine "not exceeding the statutory maximum" for offences under paragraph 2(a) of the Schedule (non­compliance with requests for information). Given that this offence is triable only summarily, explain why the fine is so described (rather than as one "not exceeding level 5 on the standard scale").

2.  As a matter of fact, the figure fixed as the statutory maximum (as defined in Schedule 1 to the Interpretation Act 1978) and that fixed as level 5 on the standard scale (as also defined in that Schedule) are the same - that is, £5,000 at present. However, it is accepted that it would be more correct for regulation 4(2) of the above Regulations, which concerns an offence triable only summarily, to refer to a fine "not exceeding level 5 on the standard scale".

3.  The Treasury is likely to be making further regulations in the near future concerning sanctions against Serbia and the opportunity will be taken on that occasion to amend S.I. 1998/1643 to deal with the above point.

23rd July 1998

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