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16.—(1) Article 12 is amended as follows—
(2) For paragraphs (1) and (2) substitute—
“(1) Any person guilty of an offence under article 3(3), 4(3), 4A(3) or 5A(1) shall be liable—
(a)on conviction on indictment to imprisonment for a term not exceeding seven years or to a fine or to both; or
(b)on summary conviction—
(i)in England and Wales or Scotland, to imprisonment for a term not exceeding twelve months or to a fine not exceeding the statutory maximum or to both;
(ii)in Northern Ireland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or both.
(2) Any person guilty of an offence under article 5(2), article 9(3)(a)(ii), paragraph 5(b) or (d) of Schedule 2 or paragraph 15(1), (2) or (3) of Part 3 of Schedule 3 shall be liable—
(a)on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
(b)on summary conviction—
(i)in England and Wales or Scotland, to imprisonment for a term not exceeding twelve months or to a fine not exceeding the statutory maximum or to both;
(ii)in Northern Ireland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or both.”
(3) In paragraph (4) for “article 9(3)(a), (b)(i) or (c)” substitute “article 9(3)(a)(i) or (b)”.
(4) After paragraph 13 insert—
“(14) In paragraphs 1(b) and 2(b) as they apply to England and Wales in the case of an offence committed before section 154(1) of the Criminal Justice Act 2003(1) comes into force, for “twelve months” substitute “six months”.”
2003 c.44; at the date of this Order, section 154(1) had not been commenced.
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