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Alteration of certain penalties under Principal Act or Act of 1976.
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8.—(1) A person convicted by the District Court of an offence for which a penalty is provided in any section of the Principal Act specified in column (2) of the Table to this section at any reference number shall, in lieu of the penalty so provided, be liable to the penalty specified in column (3) of the said Table at that reference number, and that section shall be construed and have effect accordingly.
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(2) (a) A person convicted of an offence under subsection (9) of section 32 of the Act of 1976 shall, in lieu of so much of the penalty specified in that subsection as consists of a fine, be liable to a fine not exceeding £800, and the said subsection (9) shall be construed and have effect accordingly.
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(b) A person convicted of an offence under subsection (10) of section 33 of the Act of 1976 shall, in lieu of so much of the penalty specified in that subsection as consists of a fine, be liable to a fine not exceeding £800, and the said subsection (10) shall be construed and have effect accordingly.
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(3) A person who is guilty of an offence under section 24 (3) of the Principal Act or section 26 (4) of the Act of 1976 shall be liable, on conviction on indictment, to a fine not exceeding £10,000, or, at the discretion of the court, to imprisonment for a term not exceeding two years, or to both the fine and the imprisonment.
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(4) (a) Where a person is convicted of an offence referred to in subsection (3) of this section and there is a continuation by him of the offence after his conviction, he shall be guilty of a further offence and shall be liable, on conviction on indictment, to a fine not exceeding £1,000 for each day on which the offence is so continued or to imprisonment for a term not exceeding two years, or to both the fine and the imprisonment.
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(b) In any proceedings for an offence under this section in which it is alleged that there was a continuation by the defendant of an offence under subsection (3) of section 24 of the Principal Act, subsection (4) of the said section 24 shall, as regards the proceedings, apply as it applies to a prosecution for an offence under that section.
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(c) In any proceedings for an offence under this section in which it is alleged that there was a continuation by the defendant of an offence under subsection (4) of section 26 of the Act of 1976—
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(i) subsection (7) of the said section 26 shall, in relation to the proceedings, apply as it applies in relation to proceedings mentioned in that subsection, and
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(ii) subsection (8) of the said section 26 shall, as regards the proceedings, apply as it applies to a prosecution for an offence under that section.
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(5) This section shall have effect as respects offences committed after the commencement of this section.
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TABLE
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Ref. No.
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Section of Principal Act
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Penalty
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(1)
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(2)
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(3)
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1.
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7 (5), 9 (2), 80 (4), 82 (5) (b) and 82 (7) (b) (iv).
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A fine not exceeding £100.
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2.
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31 (8), as amended by section 38 of the Act of 1976, 34 (6), as so amended, 37 (7), as so amended and 49 (2) (b), as so amended.
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A fine not exceeding £800 and, in the case of a further offence under the section, a further fine (not exceeding in all £800) not exceeding £150 for each day during which the offence is continued.
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3.
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51 (4), as amended by section 40 (c) of the Act of 1976, 81 (3), 83 (7) and 89 (8).
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A fine not exceeding £100 and, in the case of a further offence under the section, a further fine (not exceeding in all £800) not exceeding £25 for each day during which the offence is continued.
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4.
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34 (1), as amended by section 38 of the Act of 1976, 35 (7), as so amended, 45 (8), as so amended and 46 (8), as so amended.
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A fine not exceeding £800.
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5.
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34 (5), as amended by section 38 of the Act of 1976, and 35 (8), as so amended.
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A fine (not exceeding in all £800) not exceeding £150 for each day during which the further offence under the section is continued.
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