(1)Subject to the following provisions of this section a person guilty of an offence against this Act for which no penalty is expressly provided shall be liable—
(a)on summary conviction to
(i)a fine not exceeding twenty pounds, and in the case of a second or subsequent conviction to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding three months or to both such fine and imprisonment; and
(ii)in the case of a continuing offence to a further fine not exceeding ten pounds for every day during which the offence is continued; or
(b)on conviction on indictment to
(i)a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding two years or to both such fine and imprisonment; and
(ii)in the case of a continuing offence to a further fine not exceeding twenty pounds for every day during which the offence is continued.
(2)A conviction of any offence against this Act may be treated as a previous conviction for the purposes of the last foregoing subsection.
(3)A conviction of an offence under any enactment repealed by this Act shall for the purposes of this Act be treated as if it had been a conviction under this Act.
Textual Amendments applied to the whole legislation
F1Act repealed (except in relation to the River Tweed and the Upper Esk) (1.4.2005) by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15), s. 71(2), sch. 4 Pt. 2 (with s. 71(3)(4)(6)); S.S.I. 2005/174, art. 2; and (only in relation to the Tweed district) (15.11.2006) by The Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913), art. 1(2), Sch. 4 Pt. 2 (with art. 1(3))