(1) In this section, "the Regulations" means the European Communities (Markets in Financial Instruments) Regulations 2007 (S.I. No. 60 of 2007) (as amended by the European Communities (Assessment of Acquisitions in the Financial Sector) Regulations 2009 (S.I. No. 206 of 2009)).
(2) A person is guilty of an offence if the person -
(a) fails to discharge a duty to which the person is subject under Regulation 40(1), 109(6) or 112(1) of the Regulations, or
(b) contravenes Regulation 7(1), 19, 52, 152(1), 159, 165(15), 165(16), 165(17), or 187B of the Regulations.
(3) A person guilty of an offence under subsection (2) is liable on conviction on indictment to a fine not exceeding €10,000,000 or imprisonment for a term not exceeding 10 years or both.
(4) This section is without prejudice to -
(a) any penalty provided by Irish investment services law in respect of a summary conviction for an offence, and
(b) the ability to bring and prosecute summary proceedings for any offence under Ir