5

A person guilty of an offence under subsection (1) or (2) is liable—

a

on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine, or to both;

b

on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;

c

on conviction on indictment, to imprisonment for a term not exceeding 4 years or to a fine, or to both.

5ZA

In relation to an offence committed before F12 May 2022 the reference in subsection (5)(a) to 12 months is to be read as a reference to 6 months.

6

In this section and section 139B “school premises” means land used for the purposes of a school, excluding any land occupied solely as a dwelling by a person employed at the school; and “school” has the meaning given by—

a

in relation to land in England and Wales, section 4 of the Education Act 1996;

b

in relation to land in Northern Ireland, Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (SI 1986/594 (NI 3)).

6A

In this section and section 139B “further education premises” means—

a

in relation to England and Wales, land used solely for the purposes of—

i

an institution within the further education sector (within the meaning of section 91 of the Further and Higher Education Act 1992), or

ii

a 16 to 19 Academy (within the meaning of section 1B of the Academies Act 2010),

excluding any land occupied solely as a dwelling by a person employed at the institution or the 16 to 19 Academy;

b

in relation to Northern Ireland, land used solely for the purposes of an institution of further education within the meaning of Article 2 of the Further Education (Northern Ireland) Order 1997 (SI 1997/1772 (NI 15)) excluding any land occupied solely as a dwelling by a person employed at the institution.