Savings provision – section 40 (certain sexual offences by non-natural persons)4
Notwithstanding the commencement of section 40 of the Act where an offence, under any of the provisions specified in that section, is committed before 13th December 2010—
a
by a non-natural person, the penalty which may be imposed is only one which may be imposed as if that section had not been commenced; or
b
by a natural person, the penalty which may be imposed cannot exceed the maximum penalty applicable at the time the offence was committed.