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Regulations and schemes under any of the legislation to which section 104 above applies may provide for contravention of, or failure to comply with, any provision contained in regulations made under that legislation to be an offence under that legislation and for the recovery, on summary conviction of any such offence, of penalties not exceeding—
(a)for any one offence, level 3 on the standard scale; or
(b)for an offence of continuing any such contravention or failure after conviction, £40 for each day on which it is so continued.
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