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5.—(1) There shall be a standard scale of fines for offences punishable on summary conviction only which shall be known as “the standard scale”.
[F1(2) The standard scale is shown below—
(3) Where any relevant provision—
(a)provides that a person convicted of an offence punishable on summary conviction only shall be liable to a fine or a maximum fine by reference to a specified level on the standard scale; or
(b)confers power by instrument to make a person liable on conviction of an offence punishable on summary conviction only (whether or not created by the instrument) to a fine or maximum fine by reference to a specified level on the standard scale.
it is to be construed as referring to the standard scale for which this Article provides as that standard scale has effect by virtue either of this Article or of an order under Article 17;F1. . .
(i)a relevant provision makes a person liable to a fine or maximum fine on conviction of an offence punishable on summary conviction only; or
(ii)a relevant provision confers power by instrument to make a person liable to a fine or maximum fine on conviction of an offence punishable on summary conviction only (whether or not created by the instrument); and
(b)the amount of the fine or maximum fine for the offence is, whether by virtue of this Order or not, an amount shown in the second column of the standard scale,
a reference to the level in the first column of the standard scale corresponding to that amount shall be substituted for the reference in the provision to the amount of the fine or maximum fine.
(5) Where a relevant provision confers a power such as is mentioned in paragraph (4)(a)(ii), the power shall be construed as a power to make a person liable to a fine or, as the case may be, a maximum fine not exceeding the amount corresponding to the level on the standard scale to which the provision refers by virtue of paragraph (4) or not exceeding a lesser amount.
(6) If an order under Article 17 alters the sums specified in paragraph (2), the second reference to the standard scale in paragraph (4) is to be construed as a reference to that scale as it has effect by virtue of the order.
(7) Subject to paragraph (8), in this Article “relevant provision” means a provision contained in—
(a)an Act of the Parliament of the United Kingdom:
(b)an Act of the Parliament of Ireland:
(c)an Act of the Parliament of Northern Ireland;
(d)an Order in Council under section 1(3) of the [1972 c. 22] Northern Ireland (Temporary Provisions) Act 1972; or
(e)an Order in Council under Schedule 1 to the [1974 c. 28] Northern Ireland Act 1974 (including this Order);
being such an Act or Order (other than this Order) passed or made—
(i)before this Order is made; or
(ii)in the case of an Act, in the same Session of Parliament; or
(iii)in the case of an Order, in the same calendar year.
Para.(8) rep. by 1986 NI 9
(9) This Article shall not affect so much of any relevant provision as (in whatever words) makes a person liable on summary conviction to a maximum fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued.
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