4.—(1) Subject to sub-paragraph (2), the fixed penalty for an offence shall be—N.I.
(a)£50, or
(b)if greater, a sum equal to the amount which is for the time being 5% of level 3 on the standard scale.
(2) The Department may by order, subject to affirmative resolution, amend sub-paragraph (1) by substituting for the percentage specified in paragraph (b) of that sub-paragraph such other percentage, not exceeding 20%, as the Department considers appropriate.