Annex B to Consultation 1

PROPOSED REVISION OF OUT OF DATE MAXIMUM FINE LEVELS

Name of statute Relevant provision within statute

Summary of relevant offence

Current maximum fine, and date in which it was set

Proposed replacement level on the standard scale

Administration of Estates Ordinance 1949

Section 12(2) Failure to comply with witness summons etc.

Fine: £50 set in 1949Replaced by level 4 (£2,000)

Banking Ordinance 1987 Section 15 Failure of licenced bank to provide statement of transactions concerning restricted activities (offence spent)

Fine: £2,500 set in 1987Replaced by level 6 (£10,000)

Section 21(2) Production of false bank records:

Fine: £100,000 set in 1987Replaced by level 11 (£250,000)

Commissioners for Oaths Ordinance 1969

Section 6 Impersonating a commissioner for oaths

Fine: £50 set in 1969

Replaced by level 3 (£1,000)

Companies and Private Partnership Ordinance 1922

Section 5(3) Failure to comply with requirements for companies established outside the Falkland Islands:

Fine: £50 set in 1922Replaced by level 5 (£4,000)Continuing daily fine: £5Replaced by level 1 (£250)

Control of Kelp Ordinance 1970 Section 8(1) Unlicensed harvesting of kelp for sale etc

Fine: £200 set in 1970Replaced by level 5 (£4,000)

Control of Kelp Ordinance 1970 Section 8(2) Failure to comply with kelp licence conditions

Fine: £100 set in 1970Replaced by level 4 (£2,000)

Co-operative Societies Ordinance 1985 Section 56(2) Unlawful use of word “co-operative”

Fine £100 set in 1985Replaced by level 2 (£500)

Continuing daily fine £20Replaced by level 1 (£250)

Section 58 Failure to furnish information about co-operative, disobedience in respect of summons, etc

Fine £500 set in 1985Replaced by level 4 (£2,000)

Section 59 Obtaining co-operative property by fraud or misrepresentation

Fine £1,000 set in 1985Replaced by level 5 (£4,000)

Dangerous Goods Ordinance Section 9(4) Making false statement in connection

with application for licence

Fine: £500 set in 1987Replaced by level 3 (£1,000)

Section 9(7) Failure to comply with licence condition

Fine: £1,000Replaced by level 4 (£2,000)

Section 9(9) Failure to surrender licence

Fine: £50 set in 1987Replaced by level 1 (£250)

Section 16(1) - Unlawful manufacture etc of dangerous goods- Unlawful manufacture etc of prohibited goods- Unlicensed discharge or movement of dangerous goods-Failure to properly mark dangerous goods

Fine: £1,000 set in 1987Replaced by level 4 (£2,000)

Section 16(2) Failure to report an accident

Fine: £100 set in 1987Replaced by level 1 (£250)

Section 16(3) Obstructing an officer or giving false information etc

Fine: £500 set in 1987Replaced by level 3 (£1,000)

Section 18(2) Failure to surrender licence

Fine £50 set in 1987Replaced by level 1 (£250)

Education Ordinance Section 28(3) Breach of court order in respect of

Camp Education Service

Fine: £1,000 set in 1989Replaced by level 5 (£4,000)

Section 34(6) Operation of school without permission after 3 months from commencement (offence effectively spent)

Fine: £50 multiplied by number of days of offending, set in 1989Replaced by level 1 (£250)

Section 65(2) Failure to comply with medical direction to close school

Fine: £5,000, set in 1989Replaced by level 7 (£17,500)

Section 67(4) Obstruction of school inspection

Fine: £500 set in 1989Replaced by level 4 (£2,000)

Section 80 Offences where punishment unspecified

Fine: £500 set in 1989Replaced by level 4 (£2,000)

Employment Protection Ordinance 1989

Section 34(3) Failure to permit employee time off for attendance at court

Fine: £5,000 set in 1989Replaced by level 7 (£17,500)

Section 35(4) Failure to permit employee time off to seek medical or dental attention

Fine: £5,000 set in 1989Replaced by level 7 (£17,500)

Section 97(2) Failure to provide statement of redundancy payment

Fine: £100 set in 1989Replaced by level 1 (£250)

Section 97(3) Failure to provide statement of redundancy payment following notice

Fine: £500 set in 1989Replaced by level 4 (£2,000)

Section 102(3) Failure to produce information etc on notice in connection with insolvency of employer

Fine: £500 set in 1989Replaced by level 4 (£2,000)

Section 102(4) Providing false information in connection with insolvency of employer

Fine: £1,000 set in 1989Replaced by level 5 (£4,000)

Family Allowances Ordinance 1960 Section 15(2) Failure to comply with any regulation made under the Ordinance

Fine: £10 set in 1960Replaced by level 1 £250

Firearms and Ammunition Ordinance 1987

Section 4(2) Making false statement in connection with licence application

Fine: £200 set in 1987Replaced by level 2 (£500)

Section 4(5) Failure to comply with licence condition

Fine: £500 set in 1987Replaced by level 4 (£2,000)

Section 4(7) Failure to surrender licence

Fine: £50 set in 1987

Replaced by level 1 (£250)

Section 8(1) Unlawful import or export of firearm or ammunition

Fine: £500 set in 1987Replaced by level 4 (£2,000)

Section 8(2) Failure to declare or provide information in connection with import or export of firearm or ammunition

Fine: £50 set in 1987Replaced by level 1 (£250)

Section 9(6) Unlicensed trade of firearms etc

Fine: £500 set in 1987Replaced by level 4 (£2,000)

Section 10(4) Failure of licenced dealer to keep/provide required information, returns etc

Fine: £200 set in 1987Replaced by level 2 (£500)

Section 12(4)(a) Failure to register firearm

Fine: £500 set in 1987Replaced by level 4 (£2,000)

Section 12(4)(b) Failure to register new ownership of registered firearm within 7 days of acquisition

Fine £50 set in 1987Replaced by level 1 (£250)

Section 14 Possession of firearm without a licence

Fine: £500 set in 1987Replaced by level 4 (£2,000)

Section 16(1) Sale etc of firearm to unlicensed

person

Fine: £50 set in 1987Replaced by level 1 (£250)

Section 18(4) Unlawful possession etc of firearm by young person

Fine: £500 set in 1987Replaced by level 4 (£2,000)

Section 19 Sale etc of firearm or ammunition to intoxicated persons etc

Fine: £500 set in 1987Replaced by level 4 (£2,000)

Section 20 Sale etc of prohibited weapon or ammunition

Fine: £1,000 set in 1987Replaced by level 5 (£4,000)

Section 21 Prohibited modification of firearm

Fine: £500 set in 1987Replaced by level 4 (£2,000)

Section 22(3) Unlawful manufacture of firearm or ammunition

Fine: £500 set in 1987Replaced by level 4 (£2,000)

Section 23 Possession of firearm or ammunition with intent to injure

Fine: £2,000 set in 1987Replaced by level 6 (£10,000)

Section 24 Use of firearm or imitation to effect unlawful purpose

Fine: £2,000 set in 1987Replaced by level 6 (£10,000)

Section 25(2) Unlawful discharge of firearm

Fine: £500 set in 1987Replaced by level 4 (£2,000)

Section 26(2) Failure to surrender licence

Fine: £50 set in 1987Replaced by level 1 (£250)

Section 27 Failure to report loss etc of firearm or ammunition

Fine: £50 set in 1987Replaced by level 1 (£250)

Section 28(3) Failure to produce licence etc

Fine: £50 set in 1987Replaced by level 1 (£250)

Government Wharves Ordinance 1911 Section 3 Unlawful use of government wharf

Fine: £10 set in 1911Replaced by level 4 (£2,000)

Section 4 Failure to pay wharfage charges

Fine: £10 set in 1911Replaced by level 4 (£2,000)

Section 8 Failure to comply with direction to leave wharf

Fine: £10 set in 1911Replaced by level 4 (£2,000)

Section 10 Landing ashes etc without permission

Fine: £50 set in 1911Replaced by level 6 (£10,000)

Section 11 Leaving dead animals etc on wharf

Fine: £50 set in 1911Replaced by level 6 (£10,000)

Section 12(1) Breach of regulations made under the Ordinance

Fine: £10 set in 1911Replaced by level 4 (£2,00)

Harbours Ordinance 1902 Section 5 Failing to comply with order to move vessel or make declaration

Fine: £20 set in 1902Replaced by level 5 (£4,000)

Section 6 Making false declaration

Fine: £50 set in 1902Replaced by level 6 (£10,000)

Section 7 Breach of restrictions before pratique (clearance)

Fine: £5 set in 1902Replaced by level 3 (£1,000)

Section 8 Interfering/impeding Harbour Master

Fine: £50 set in 1902Replaced by level 6 (£10,000)

Section 9 Damaging moorings

Fine: £10 set in 1902Replaced by level 4 (£2,000)

Section 10 Impeding legal process on board vessel

Fine: £50 set in 1902Replaced by level 4 (£2,000)

Section 12 Providing unlicensed diving services

Fine: £5,000 set in 1992Replaced by level 6 (£10,000)

Section 13 Failure to report lost anchor etc

Fine: £50 set in 1902Replaced by level 6 (£10,000)

Section 16 Unlawful removal of sand etc

Fine: £50 set in 1902Replaced by level 6 (£10,000)

Section 17 Permitting the throwing of ashes etc into harbour

Fine: £50 set in 1902Replaced by level 6 (£10,000)

Section 18 Throwing ashes etc into harbour

Fine: £5 set in 1902Replaced by level 3 (£500)

Section 19 Possessing matches in boat containing gunpowder

Fine: £5 set in 1902Replaced by level 3 (£500)

Section 20 Taking boat without the owner’s consent

Fine: £10 set in 1902Replaced by level 4 (£2,000)

Section 21 Breach of regulations made under the Ordinance

Fine: £20Replaced by level 5 (£4,000)

Ionising Radiations (Protection of Workers) Ordinance 1966

Section 5 Failure to notify work etc involving radiation

Fine: £100 set in 1966Replaced by level 4 (£2,000)

Land Ordinance Section 26(1)(d) Failure to comply with court order concerning fencing

Fine: £50 set in 1949Replaced by level 3 (£1,000)

Section 27(1) Damaging fences

Fine: £500 set in 1984Replaced by level 4 (£2,000)

Section 33(2) Obstruction etc of authorised person

Fine: £1,000 set in 1985Replaced by level 5 (£4,000)

Section 44 Cutting peat without consent

Fine: £2 set in 1949Replaced by level 1 (£250)

Legislative Council (Privileges) Ordinance 1989

Section 8(3) Publishing prohibited proceedings

Fine: £10,000 set in 1989Replaced by level 8 (£25,000)

Lotteries Ordinance 1948 Section 8 Unlicensed operation of lottery etc

Fine: £100 set in 1968Replaced by level 4 (£2,000)

Section 9(4) Failure to comply with conditions as to small lotteries

Fine: £100 set in 1948Replaced by level 4 (£2,000)

Maintenance Orders (Reciprocal Enforcement) Ordinance 1979

Section 9(2) Failure to give notice of change of address

Fine: £10 set in 1979Replaced by level 1 (£250)

Matrimonial Proceedings (Summary Jurisdiction) Ordinance 1967

Section 15(3) Failure to give notice of change of address

Fine: £5 set in 1967Replaced by level 1 (£250)

Medical Practitioners, Midwives and Section 14 Practicing unlawfully

Dentists Ordinance 1914

Fine £50 set in 1914Replaced by level 6 (£10,000)

Naval Ports Ordinance 1987 Section 9(2) Failure to comply with requirements of Ordinance, and obstruction of Queen’s Harbour Master

Fine: £1,000 set in 1987Replaced by level 4 (£2,000)

Section 10(2)(f) Breach of regulations made under the Ordinance

Fine: £1,000 set in 1987Replaced by level 4 (£2,000)

Nuclear Safeguards Ordinance 1993 Section 5(2) Instruction of Agency inspector etc

Fine: £5,000 set in 1993Replaced by level 6 (£10,000)

Section 6(2) Breach of regulations made under the Ordinance

Fine: £2,500 set in 1993Replaced by level 5 (£4,000)

Offshore Minerals Ordinance 1994 Section 76(1) Breach of secondary legislation

Fine: £100,000 set in 1993Replaced by level 11 (£250,000)

Oil in Territorial Wates Ordinance 1960

Section 3 Discharge of oil in harbour etc

Fine: £100,000 set in 1987Replaced by level 11 (£250,000)

Section 5(2) Failure to report discharge of oil etc

Fine: £10,000 set in 1987Replaced by level 8 (£25,000)

Petroleum Products Ordinance 1973 Section 6(1) Breach of provision of Ordinance or regulations made under it

Fine: £20,000 set in 1987Replaced by level 9 (£50,000)

Post Office Ordinance 1898 Section 7 Refusal by master of vessel to carry mail etc

Fine: £100 set in 1898Replaced by level 7 (£17,500)

Section 11 Production of counterfeit stamps etc

Fine: £50 set in 1898Replaced by level 6 (£10,000)

Protection of Wrecks Section 6 Tampering etc with wreck in restricted area and entering prohibited area

Fine: £1,000 set in 1978Replaced by level 6 (£10,000)

Public Health Ordinance 1894 Section 7 Selling food or drink in unclean premises etc

Fine: £20 + daily fine £5 for continuing offence after conviction - set in 1894Replaced by levels 5 and 3 (£4,000 and £1,000)

Section 8 Failure to take precaution against exposure of food to contamination

Fine: £20 + daily fine £5 for continuing offence after conviction - set in 1894Replaced by levels 5 and 3 (£4,000 and £1,000)

Section 9(2) Sale of food in contravention of prohibition

Fine: £100 set in 1894Replaced by level 7 (£17,500)

Section 11 Sale of food unfit for human consumption

Fine: £50 set in 1894Replaced by level 6 (£10,000)

Section 13 Obstruction of inspector

Fine: £5 set in 1894Replaced by level 3 (£1,000)

Section 16(3) Default of nuisance abatement notice etc

Fine: £5 set in 1894Replaced by level 3 (£1,000)

Section 17(1) Failure to comply with court order to abate nuisance

Fine: £5 set in 1894Replaced by level 3 (£1,000)

Section 19(2) Breach of public health by-law

Fine: £5 + daily fine £2 for continuing offence after conviction - set in 1894Replaced by levels 3 and 1 (£1,000 and £250)

Section 28 Breach of prohibition on contact with ship before pratique (clearance)

Fine: £50 set in 1894Replaced by level 6 (£10,000)

Section 33 Misconduct of quarantine officer

Fine: £25 set in 1894Replaced by level 5 (£4,000)

Section 38 Breach of provisions on venereal disease

Fine: £20 set in 1894

Replaced by level 5 (£4,000)

Publications (Import Prohibition) Ordinance 1938

Section 5 Failure to deliver prohibited publication to the chief police officer

Fine: £50 set in 1938Replaced by level 5 (£4,000)

Radio-Active Materials Ordinance 1948

Section 11(1) Mining radioactive material without a licence etc

Fine: £500 set in 1948Replaced by level 7 (£17,500)

Section 12(3) Obstructing enforcing officer

Fine: £100 set in 1948Replaced by level 5 (£4,000)

Registration Ordinance 1949 Section 6(2) Failure to give particulars to Registrar etc in relation to birth

Fine: £10 set in 1949Replaced with level 2 (£500)

Registration Ordinance 1949 Section 9 Failure of minister to keep registers

Fine: £10 set in 1949Replaced with level 2 (£500)

Section 10 Making false statement for purposes of registration etc

Fine: £100 set in 1949Replace with level 4 (£2,000)

Section 11(1) Refusals of registrar to hand over records

Fine: £50 + daily fine £10 for continuing refusalReplaced by levels 4 and 2 (£2,000 and £500)

Shipworkers’ Protection Ordinance 1937

Section 3 Breach of regulations made under the Ordinance

Fine: £50 + daily fine £2 for continuing offenceReplaced by levels 3 and 1 (£1,000 and £250)

Stanley Town Public Services Ordinance 1973

Section 11 Assaulting fire officer, raising false alarm etc

Fine: £200 set in 1973Replaced by level 5 (£4,000)

Section 23(1) Destroying cemetery wall, monument etc

Fine: £200 set in 1973Replaced by level 5 (£4,000)

Section 23(2) Unlawful discharge of firearm, commission of nuisance in cemetery etc

Fine: £20 set in 1973Replaced by level 2 (£500)

Section 24(2) Failure to comply with cemetery rules made under Ordinance

Fine: £200 set in 1973Replaced by level 4 (£2,000)

Stanley Water Supply Ordinance 1973 Section 9 Pollution or damage of waterworks etc

Fine: £400 set in 1973Replaced by level 6 (£10,000)

Taxes and Duties (Special Exemptions) Ordinance 1987

Section 8(1)(b) Making false statement etc in connection with application for exemption

Fine: £10,000 set in 1987Replaced by level 8 (£25,000)

Trade Unions and Trade Disputes Ordinance 1942

Section 5(2) Unregistered trade union carrying on business

Fine: £25 set in 1942Replaced by level 4 (£2,000)

Section 8(2) Failure to register or dissolve trade union

Fine: £5 set in 1942Replaced by level 1 (£250)

Section 13(2) Failure to register accounts

Fine: £25 set in 1942Replaced by level 4 (£2,000)

Section 21 Intimidation or annoyance

Fine: 20 set in 1942Replaced by level 3 (£1,000)

Workmen’s Compensation Ordinance 1960

Section 17 Failure to submit return as to compensation for injuries

Fine: £5 set in 1960Replaced by level 1 (£250)

Section 34 Failure to insure in accordance with order

Fine: £2 (daily fine)Replaced by level 1 (£250)

Defence Force Regulations 1954 Regulation 10(2) Failure to undergo compulsory training

Fine: £3 set in 1954Replaced by level 1 (£250)

Regulation 11(2) Failure to comply with conditions as to efficiency

Fine: £3 set in 1954Replaced by level 1 (£250)

Regulation 14 Failure to keep arms etc safe, and using uniform etc when off duty

Fine: £3 set in 1954Replaced by level 1 (£250)

Electricity Supply Regulations 1969 Regulation 34 Breach of the regulations

Fine: £100 + daily fine £20 for continuing breachReplaced by levels 2 and 1 (£500 and £250)

Harbours Regulations 1944 Regulation 23 Breach of the regulations

Fine: £20 set in 1985Replaced by level 1

King Edward VII Memorial Hospital Regulations 1943

Regulation 10 Breach of the regulations

Fine: £100 set in 1978Replaced by level 3 (£1,000)

R C CheekStatute Law Commissioner15 January 2017