This section applies where—
a condition attached to an operating licence includes provision for a personal licence in accordance with section 80,
an individual who holds a personal licence under this Part acts in the course of or in connection with any of the activities authorised by the operating licence, and
the individual's action is not in accordance with the terms and conditions of the personal licence.
The individual commits an offence.
The individual may be proceeded against for the offence under subsection (2) whether or not the holder of the operating licence is proceeded against for an offence under section 33 (by reason of a breach of the condition under section 80).
An individual guilty of an offence under this section shall be liable on summary conviction to—
imprisonment for a term not exceeding 51 weeks,
a fine not exceeding level 5 on the standard scale, or
both.
In the application of subsection (4) to Scotland the reference to 51 weeks shall have effect as a reference to six months.