The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 6, Transitional and Savings Provisions) Order 2010 No. 413 (C. 28)

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.