SCHEDULE 2PARTICULAR PURPOSES FOR WHICH PROVISION MAY BE MADE UNDER SECTION 18

PART 2SUPPLEMENTARY PROVISIONS

Offences

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1

The regulations may provide for any such offence as is mentioned in paragraph 19 to be triable—

a

only summarily,

b

either summarily or on indictment.

2

The regulations may provide for such an offence to be punishable—

a

on summary conviction by—

i

imprisonment for a term not exceeding such period as is specified (which must not exceed 12 months),

ii

a fine not exceeding such amount as is specified (which must not exceed £40,000), or

iii

both,

b

on conviction on indictment by—

i

imprisonment for a term not exceeding such period as is specified (which must not exceed 5 years),

ii

a fine, or

iii

both.

3

The regulations may provide for continuing offences and for any such offences to be punishable by a daily or other periodic fine of such amount as is specified (in addition to any punishment provided for in pursuance of sub-paragraph (2)).

4

The Scottish Ministers may by order substitute for the sum for the time being specified in sub-paragraph (2)(a)(ii) such other sum as appears to them to be justified by a change in the value of money appearing to them to have taken place since the last occasion on which the sum was fixed.

5

An order under sub-paragraph (4) is not to affect the punishment for an offence committed before that order comes into force.