Amount of fixed penalty
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5(1)The fixed penalty for a fixed penalty offence is to be prescribed by the Secretary of State by regulations; and where two amounts are specified in accordance with paragraph 3(3), the higher of those amounts must be the prescribed fixed penalty.
(2)The fixed penalty prescribed for a fixed penalty offence may not exceed—
(a)one half of the maximum amount of the fine to which a person committing that offence would be liable on summary conviction, or
(b)where there is no such maximum amount, the amount corresponding to level 4 on the standard scale for summary offences.