Commentary on Sections Part 12 - Sentencing Chapter 8: Other Provisions about sentencing Section 283: Enabling powers: alteration of maximum penalties
628.Section 283 makes the necessary provisions for offences created under enabling powers to have their maximum penalties altered so that they may be compatible with the new sentencing framework. Subsection (1) gives the Secretary of State the power to amend by order any enabling powers within any Act (passed before or in the same Session as this Act) which allow for making offences punishable with imprisonment on summary conviction, excluding those listed in Schedule 27. Subsection (2) provides that an order under this power may amend the relevant enactment containing an enabling power so as either to remove its ability (through subordinate legislation) to make a summary offence punishable with imprisonment or to increase the maximum term of imprisonment to 51 weeks. Subsection (3) also enables an order under subsection (1) to amend enabling powers which make a triable either way offence punishable with imprisonment on summary conviction. Subsection (4) introduces Schedule 27.