Joint Committee on Statutory Instruments Thirty-First Report


Memorandum by the Department of the Environment,

Transport and the Regions


(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

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