3.—(1) A person guilty of an offence under article 2 of this Order founded on a contravention of, or failure to comply with, a relevant Community provision, shall be liable—
(a)on summary conviction to a fine not exceeding the amount specified in the appropriate entry in column 4 of that Schedule; or
(b)on conviction on indictment to a fine.
(2) A person guilty of an offence under article 2 of this Order founded on a contravention of, or failure to comply with a relevant Community provision, being article 2(2) or 3(1) of a Council Regulation referred to in column 1 of the Schedule hereto, shall also be liable—
(a)to the forfeiture of any net or other fishing gear in respect of which the offence was committed, or which was used in committing the offence; and
(b)to the forfeiture of any fish in respect of which the offence was committed, or, on summary conviction only, to a fine not exceeding the value of any fish in respect of which the offence was committed.