39 Maximum penalties which may be specified in subordinate legislation

39  Maximum penalties which may be specified in subordinate legislation

(1)     The 1998 Act is amended as follows.

(2)     In section 113 (subordinate legislation: scope of powers), for subsection (10) substitute—

“(9A)     A power may not be exercised so as to create any criminal offence punishable with any of the penalties specified for the offence in subsection (9B) or (10).

(9B)     In relation to Scotland, the specified penalties are—

(a)     where the offence is triable on summary complaint only,

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