PART IIFINES AND PENALTIES
Maximum fines under instruments
Powers of harbour authorities to provide for maximum fines up to level 4 on standard scale8
1
Where in any instrument made—
a
under any relevant provision; or
b
under an instrument made under any relevant provision,
a harbour authority may provide that a person, as regards any offence punishable on summary conviction only (whether or not created by the instrument), shall be liable on conviction to a fine not exceeding an amount less than level 4 on the standard scale, the power shall extend by virtue of this Article to making him liable to a fine not exceeding level 4.
2
Where any relevant provision or instrument made under any relevant provision ( “the enabling legislation”) (however expressed) provides that a person who contravenes any provision of an instrument ( “a regulatory instrument”) made by a harbour authority—
a
under the enabling legislation; or
b
under an instrument made under the enabling legislation,
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding an amount less than level 4 on the standard scale, the power conferred by the enabling legislation shall by virtue of this Article enable the harbour authority to provide in a regulatory instrument that a person, as regards any such offence created by the regulatory instrument, shall be liable on summary conviction to a fine not exceeding level 4.
3
In this Article “harbour authority” has the same meaning as in section 38(1) of the Harbours Act (Northern Ireland) 1970F1.