§ 41 Clause 21, page 20, line 13, leave out 'under this Part' and insert 'to which subsection (1), (2) or (3) applies'.
§ 42 Clause 21, page 20, line 15, leave out 'subsection (1), (2) or (3)', and insert 'that subsection'.
§ The Earl of Avon
My Lords, I beg to move that the House doth agree with the Commons in their Amendments Nos. 41 and 42. Clause 21(5) provides that where an offence is committed in respect of more than one item—be it a bird, egg or whatever—the court may impose a fine up to the prescribed maximum in respect of each item. This "multiplier" device does not extend to offences under subsection (4), where provision is made instead for trial on indictment, and an unlimited fine, should the circumstances of the case so warrant. However, it could be thought that, as drafted, the opening words of subsection (5) do provide for the multiplier device to operate in respect of offences under subsection (4). These drafting amendments make clear exactly what is intended. My Lords, I beg to move.
§ Moved, That this House doth agree with the Commons in the said amendments.—(The Earl of Avon.)
§ On Question, Motion agreed to.