Legislation
Rules on penalties
Environmental Protection Act 1990 s.118
S118 of the Environmental Protection Act: Offences
http://www.legislation.gov.uk/uksi/2018/352/pdfs/uksi_20180352_en.pdf
ENGLAND & WALES:
(3) A person guilty of an offence under paragraph (c) or (d) of
subsection (1) above shall be liable— (a) on summary
conviction, to a fine or to imprisonment for a term not
exceeding six months, or to both; (b) on conviction on
indictment, to a fine or to imprisonment for a term not
exceeding five years, or to both.
(4) A person guilty of an offence under paragraph (f) of
subsection (1) above shall be liable— (a) on summary
conviction, to a fine or to imprisonment for a term not
exceeding six months, or to both; (b) on conviction on
indictment, to a fine or to imprisonment for a term not
exceeding two years, or to both.
(5) A person guilty of an offence under paragraph (a) or (b) of
subsection (1) above shall be liable— (a) on summary
conviction, to a fine not exceeding the statutory maximum or
to imprisonment for a term not exceeding six months, or to
both; (b) on conviction on indictment, to a fine or to
imprisonment for a term not exceeding five years, or to both.
(6) A person guilty of an offence under paragraph (e), (j), (k),
(l), (m) or (n) of subsection (1) above shall be liable— (a) on
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summary conviction, to a fine not exceeding the statutory
maximum or to imprisonment for a term not exceeding six
months, or to both; (b) on conviction on indictment, to a fine
or to imprisonment for a term not exceeding two years, or to
both.
(7) A person guilty of an offence under paragraph (g), (h) or (i)
of subsection (1) above shall be liable on summary conviction
to a fine not exceeding the statutory maximum or to
imprisonment for a term not exceeding three months, or to
both.
(8) A person guilty of an offence under paragraph (o) of
subsection (1) above shall be liable on summary conviction to
a fine not exceeding level 5 on the standard scale.
(9) Where a person is convicted of an offence under paragraph
(b) of subsection (1) above in respect of his keeping any
genetically modified organism, then, if the contravention in
respect of which he was convicted is continued after he was
convicted he shall be guilty of a further offence and liable on
summary conviction to a fine of one-fifth of the greater of
£5,000 or level 4 on the standard scale for each day on which
the contravention is so continued.
(10) Proceedings in respect of an offence under this section
shall not be instituted in England and Wales except by the
Secretary of State or with the consent of the Director of Public
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Prosecutions or in Northern Ireland except with the consent of
the Director of Public Prosecutions for Northern Ireland.
SCOTLAND:
(3) A person guilty of an offence under paragraph (c) or (d) of
subsection (1) above shall be liable— (a) on summary
conviction, to a fine not exceeding £20,000 or to imprisonment
for a term not exceeding six months, or to both; (b) on
conviction on indictment, to a fine or to imprisonment for a
term not exceeding five years, or to both.
(4) A person guilty of an offence under paragraph (f) of
subsection (1) above shall be liable— (a) on summary
conviction, to a fine not exceeding £20,000 or to imprisonment
for a term not exceeding six months, or to both; (b) on
conviction on indictment, to a fine or to imprisonment for a
term not exceeding two years, or to both.
(5) A person guilty of an offence under paragraph (a) or (b) of
subsection (1) above shall be liable— (a) on summary
conviction, to a fine not exceeding the statutory maximum or
to imprisonment for a term not exceeding six months, or to
both; (b) on conviction on indictment, to a fine or to
imprisonment for a term not exceeding five years, or to both.
(6) A person guilty of an offence under paragraph (e), (j), (k),
(l), (m) or (n) of subsection (1) above shall be liable— (a) on
summary conviction, to a fine not exceeding the statutory
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maximum or to imprisonment for a term not exceeding six
months, or to both; (b) on conviction on indictment, to a fine
or to imprisonment for a term not exceeding two years, or to
both.
(7) A person guilty of an offence under paragraph (g), (h) or (i)
of subsection (1) above shall be liable on summary conviction
to a fine not exceeding the statutory maximum or to
imprisonment for a term not exceeding three months, or to
both.
(8) A person guilty of an offence under paragraph (o) of
subsection (1) above shall be liable on summary conviction to
a fine not exceeding level 5 on the standard scale.
(9) Where a person is convicted of an offence under paragraph
(b) of subsection (1) above in respect of his keeping any
genetically modified organism, then, if the contravention in
respect of which he was convicted is continued after he was
convicted he shall be guilty of a further offence and liable on
summary conviction to a fine of one-fifth of level 5 on the
standard scale for each day on which the contravention is so
continued.
(10) Proceedings in respect of an offence under this section
shall not be instituted in England and Wales except by the
Secretary of State or with the consent of the Director of Public
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Prosecutions or in Northern Ireland except with the consent of
the Director of Public Prosecutions for Northern Ireland.
The Genetically Modified Organisms (Northern Ireland) Order 1991
Article 15
http://www.legislation.gov.uk/nisi/1991/1714/contents
(3) A person guilty of an offence under paragraph (1)(c) or (d)
shall be liable—
(a) on summary conviction, to a fine not exceeding £20,000 or
to imprisonment for a term not exceeding 6 months, or to both;
(b) on conviction on indictment, to a fine or to imprisonment
for a term not exceeding 5 years, or to both.
(4) A person guilty of an offence under paragraph (1)(f) shall
be liable—
(a) on summary conviction, to a fine not exceeding £20,000 or
to imprisonment for a term not exceeding 6 months, or to both;
(b) on conviction on indictment, to a fine or to imprisonment
for a term not exceeding 2 years, or to both.
(5) A person guilty of an offence under paragraph (1)(a) or (b)
shall be liable—
(a) on summary conviction, to a fine not exceeding the
statutory maximum or to imprisonment for a term not
exceeding 6 months, or to both;
(b) on conviction on indictment, to a fine or to imprisonment
for a term not exceeding 5 years, or to both.
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(6) A person guilty of an offence under paragraph (1)(e), (j),
(k), (l), (m) or (n) shall be liable—
(a) on summary conviction, to a fine not exceeding the
statutory maximum or to imprisonment for a term not
exceeding 6 months, or to both;
(b) on conviction on indictment, to a fine or to imprisonment
for a term not exceeding 2 years, or to both.
(7) A person guilty of an offence under paragraph (1)(g), (h) or
(i) shall be liable on summary conviction to a fine not
exceeding the statutory maximum or to imprisonment for a
term not exceeding 3 months, or to both.
(8) A person guilty of an offence under paragraph (1)(o) shall
be liable on summary conviction to a fine not exceeding level
5 on the standard scale.
(9) Where a person is convicted of an offence under paragraph
(1)(b) in respect of his keeping any genetically modified
organism, then, if the contravention in respect of which he was
convicted is continued after he was convicted he shall be guilty
of a further offence and liable on summary conviction to a fine
of one-fifth of level 5 on the standard scale for each day on
which the contravention is so continued.
(10) Where the commission of an offence under this Article is
due to the act or default of some other person, that other person
may be charged with and convicted of the offence by virtue of
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this Article whether or not proceedings for the offence are
taken against the first-mentioned person.
(11) Proceedings in respect of an offence under this Article
shall not be instituted except with the consent of the Director
of Public Prosecutions for Northern Ireland.
The Genetically Modified Organisms (Deliberate Release etc.) (Miscellaneous
Offences and penalties
Amendments) (Scotland) Regulations 2019
32B.—(1) A person commits an offence if that person—
https://www.legislation.gov.uk/sdsi/2019/9780111040584/pdfs/sdsi_9780111040584_en.pdf
(a)contravenes anything required of that person in a stop
notice,
(b)obstructs an inspector (or a person accompanying an
inspector and acting under the inspector’s instructions) in
exercise of the power conferred by regulation 32A,
(c)supplies to an inspector (or a person accompanying an
inspector and acting under the inspector’s instructions) any
information knowing it to be false or misleading,
(d)cultivates a genetically modified organism in contravention
of a limit included on the geographical scope of a consent to
market under regulation 24(7) or a renewed consent to market
under regulation 26(5),
(e)cultivates a genetically modified organism in contravention
of a condition in a consent to limit its geographical scope
under regulation 29A(3)(a), or
(f)cultivates a genetically modified organism or approved
product in contravention of a suspension notice issued under
regulation 29A(3)(b),(c) or (d).
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(2) It is a defence for a person charged with an offence under
paragraph (1) to show that they took all reasonable precautions
and exercised all due diligence to avoid committing that
offence.
(3) A person who commits an offence under paragraph (1) is
liable—
(a)on summary conviction, to a fine not exceeding level 5 on
the standard scale or to imprisonment for a term not exceeding
three months, or to both, or
(b)on conviction on indictment, to a fine or to imprisonment
for a terms not exceeding 2 years or both.
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