Article 2(3)

SCHEDULE 2Application of Article 17 to particular Territories

Application of article 17

1.—(1) Article 17 applies as follows to—

(a)the Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus, and

(b)St Helena, Ascension and Tristan da Cunha.

(2) A person guilty of an offence under article 4, 7, 8, 9 or 16 is liable on conviction to imprisonment for a term not exceeding seven years or to a fine or to both.

(3) A person guilty of an offence under article 6 or 10(10), or paragraph 4(b), (c) or (d) of Schedule 3 is liable on conviction to imprisonment for a term not exceeding two years or to a fine or to both.

(4) A person guilty of an offence under paragraph 4(a) or 6 of Schedule 3 is liable on conviction to imprisonment for a term not exceeding three months or to a fine not exceeding £5,000 or its equivalent or to both.

(5) If an offence under this Order committed by a body corporate is shown—

(a)to have been committed with the consent or connivance of an officer of the body corporate, or

(b)to be attributable to any neglect on the part of an officer of the body corporate,

the officer as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.

2.—(1) Article 17 applies to the Falkland Islands and South Georgia and the South Sandwich Islands subject to the following modification.

(2) When the Magistrates’ Court is sentencing a person following a summary conviction for an offence under this Order, any penalties which would be available to the Magistrates’ Court under article 17 on indictment for the offence are available to the Court as if they were penalties so available on summary conviction.