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Public Services Reform (Scotland) Act 2010
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22Criminal penalties
This section has no associated Explanatory Notes
(1)An order under section 14 or 17(1) may not make provision to create a new offence that is punishable, or increase the penalty for an existing offence so that it is punishable—
(a)on indictment, with imprisonment for a term exceeding two years, or
(b)on summary conviction, with—
(i)imprisonment for a term exceeding 12 months, or
(ii)a fine exceeding level 5 on the standard scale.
(2)In the case of an offence which is triable either on indictment or summarily and is not an offence triable on indictment only by virtue of section 292(6) and (7) of the Criminal Procedure (Scotland) Act 1995 (c. 46), the reference in subsection (1)(b)(ii) to a fine exceeding level 5 on the standard scale is to be construed as a reference to the statutory maximum.
(3)Subsection (1) does not apply to provision which merely restates an enactment.
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