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(1)An order under this Part 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 the normal maximum term; or
(ii)a fine exceeding level 5 on the standard scale.
(2)In subsection (1)(b)(i), “the normal maximum term” means—
(a)in relation to England and Wales—
(i)in the case of a summary offence, 51 weeks; and
(ii)in the case of an offence triable either way, twelve months; and
(b)in relation to Scotland or Northern Ireland, six months.
(3)In the case of an offence which, if committed by an adult, is triable either on indictment or summarily and is not an offence triable on indictment only by virtue of—
(a)Part 5 of the Criminal Justice Act 1988 (c. 33), or
(b)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.
(4)If an order under this Part making provision creating an offence, or altering the penalty for an offence, is made before the date on which section 281(5) of the Criminal Justice Act 2003 (c. 44) comes into force, the order must provide that, in relation to a summary offence committed before that date, any reference to a term of imprisonment of 51 weeks is to be read as a reference to six months.
(5)If an order under this Part making provision creating an offence, or altering the penalty for an offence, is made before the date on which section 154(1) of the Criminal Justice Act 2003 (c. 44) comes into force, the order must provide that, in relation to an offence triable either way committed before that date, any reference to a term of imprisonment of twelve months is to be read as a reference to six months.
(6)Subsection (1) does not apply to provision which merely restates an enactment.
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