Paragraph 28 I1

For regulation 40 (penalties for offences) substitute—

“40.

(1)

Paragraphs (3) to (6) apply to—

(a)

Anguilla;

(b)

British Antarctic Territory;

(c)

British Indian Ocean Territory;

(d)

Cayman Islands;

(e)

Montserrat;

(f)

Pitcairn, Henderson, Ducie and Oeno Islands;

(g)

Turks and Caicos Islands;

(h)

Virgin Islands.

(2)

Paragraphs (7) to (10) apply to—

(a)

Falkland Islands;

(b)

St Helena, Ascension and Tristan da Cunha;

(c)

South Georgia and the South Sandwich Islands;

(d)

the Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus.

(3)

A person who commits an offence under any provision of Part 3 (Finance) or regulation 30 (finance: licensing offences) is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding £5,000 or its equivalent in the currency of the Territory, or both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 7 years, or a fine, or both.

(4)

A person who commits an offence under any provision of Part 4 (Trade) is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding £5,000 or its equivalent in the currency of the Territory, or both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 10 years, or a fine, or both.

F1(4B)

A person who commits an offence under regulation 30A, 36A(6) or 36B(5) (offences in connection with trade licences) is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding £5,000 or its equivalent in the currency of the Territory, or both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

(5)

A person who commits an offence under regulation 31(6) or 35 (information offences in connection with Part 3) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding £5,000 or its equivalent in the currency of the Territory, or both.

(6)

A person who commits an offence under regulation F236ZA (trade: information offences) is liable, on summary conviction, to a fine not exceeding £1,000 or its equivalent in the currency of the Territory.

(7)

A person who commits an offence under any provision of Part 3 (Finance) or regulation 30 (finance: licensing offences) is liable on conviction to imprisonment for a term not exceeding 7 years, or a fine, or both.

(8)

A person who commits an offence under any provision of Part 4 (Trade) is liable on conviction, to imprisonment for a term not exceeding 10 years, or a fine, or both.

F3(8B)

A person who commits an offence under regulation 30A, 36A(6) or 36B(5) (offences in connection with trade licences) is liable on conviction to imprisonment for a term not exceeding 2 years, or a fine, or both.

(9)

A person who commits an offence under regulation 31(6) or 35 (information offences in connection with Part 3) is liable on conviction to imprisonment for a term not exceeding 6 months, or a fine not exceeding £5,000 or its equivalent in the currency of the Territory, or both.

(10)

A person who commits an offence under regulation F436ZA (trade: information offences) is liable on conviction to a fine not exceeding £1,000 or its equivalent in the currency of the Territory.

(11)

Where a fine in this regulation is expressed to be a sum in sterling or its equivalent in the currency of the Territory, the Governor may issue guidance specifying how to calculate the amount in the currency of the Territory which is to be considered equivalent to that sum in sterling.”