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39.—(1) A person guilty of an offence under regulation 38(1)(a), (b) or (c) is liable—
(a)on summary conviction to a fine not exceeding £50,000 or imprisonment for a term not exceeding 12 months, or to both; or
(b)on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years, or to both.
(2) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003(1), paragraph (1)(a) has effect as if—
(a)for “£50,000” there were substituted “£20,000”; and
(b)for “12 months” there were substituted “6 months”.
(3) A person guilty of an offence under regulation 38(1)(d), (e), (f) or (g) is liable—
(a)on summary conviction to a fine not exceeding the statutory maximum; or
(b)on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or to both.
(4) An establishment or undertaking guilty of an offence under regulation 38(2) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
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