3.—(1) A person guilty of an offence under these Regulations is punishable on summary conviction—
(a)in England and Wales by a fine or (in the case of an individual) by imprisonment for a term not exceeding six months, or to both; or
(b)in Scotland or Northern Ireland by a fine not exceeding level 5 on the standard scale or (in the case of an individual) by imprisonment for a term not exceeding six months, or to both.
(2) But an offence is not punishable under this paragraph if—
(a)the enforcement authority has required a person to pay a penalty in respect of that offence under paragraph 4; and
(b)that penalty has been paid to the enforcement authority.