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(1)Where a harbour authority is empowered to provide—
(a)in an instrument made by virtue of an enactment; or
(b)in an instrument made by virtue of an instrument made under an enactment,
that a person, as regards any summary offence (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 section to making him liable to a fine not exceeding level 4.
(2)Where any enactment or instrument (“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)by virtue of the enabling legislation; or
(b)by virtue of an instrument made under the enabling legislation,
shall be guilty of a summary offence and liable on 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 section enable the harbour authority to provide in a regulatory instrument that a person, as regards any summary offence created by the regulatory instrument, shall be liable on summary conviction to a fine not exceeding level 4.