5 Penalties
1 A person guilty of an offence under article 2(1) or (2) or 3(2) or (3) of this Order is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2 Subject to paragraphs (3) and (4), a person guilty of an offence under article 2(3) or (6) or 3(4) of this Order is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding ten years or to a fine (or both);
(b) on summary conviction—
(i) in England and Wales, to imprisonment for a term not exceeding twelve months or to a fine not exceeding the statutory maximum (or both);
(ii) in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum (or both).
3 In relation to an offence that is not committed in the United Kingdom or by a United Kingdom person—
(a) for “ten years” in paragraph (2)(a) substitute “two years”; and
(b) for paragraph (2)(b) substitute—

“(b) on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum (or both).”

.
4 In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003, for “twelve months” in paragraph (2)(b)(i) substitute “six months”.
2003 c. 44; at the date of this Order, section 154(1) had not been commenced.
5 A person guilty of an offence under article 2(4), (5) or (7), 3(5) or 4 of this Order is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);
(b) on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum (or both).
6 In the case of an offence committed in connection with a prohibition or restriction in Article 2(1)(a) or Article 3(1) of the Regulation, sections 68(3)(b) and 170(3)(b) of the 1979 Act shall have effect as if for the words “7 years” there were substituted the words “10 years”.
Sections 68(3)(b) and 170(3)(b) were amended by the Finance Act 1988 (c. 39), section 12(1), (6).
Art. 5 in force at 26.5.2007, see art. 1(1)