(ii) the Administrative Court shall not substitute a penalty more severe than the penalty imposed by the Council. (5) The Council shall comply with any decision of the Administrative Court made in terms of this section. (6) The Administrative Court Act [Chapter 7:01], shall apply in relation to the composition, procedure and powers of the Administrative Court on an appeal in terms of this section. PART VII GENERAL 37 Offences by or in respect of unregistered persons (1) Subject to this Act, any— (a) person who, not being registered, carries on business as a valuer, or describes himself or allows himself to be described or holds himself out as a valuer; or (b) company or partnership which, without the written permission of the Council, practises or carries on business as a valuer under any personal name which is not the name of a registered valuer who is or was a principal, assistant or working partner of the company or partnership concerned; shall be guilty of an offence and be liable to— (i) a fine not exceeding level eight or the amount of any remuneration accruing to the convicted person in respect of the conduct which constituted the offence, whichever amount is the greater; or (ii) imprisonment for a period not exceeding one year; or (iii) both the fine referred to in subparagraph (i) and the imprisonment referred to in subparagraph (ii). (2) A court of a magistrate shall, notwithstanding anything to the contrary contained in the Magistrates Court Act [Chapter 7:10], have jurisdiction to impose any penalty for a contravention of subsection (1). (3) A conviction for a contravention of subsection (1) shall not be a bar to a further prosecution or prosecutions for the continuance of the offence. 38 Persons not regarded as practising as valuers For the purposes of this Act, the following persons shall not be regarded as practising or carrying on business as a valuer— (a) a person employed by the State or a local authority whilst he is working under the direction and control of a registered valuer in the service of the State or the particular local authority; (b) a person in the bona fide employment of a registered valuer whilst he is working under the direction and control of a registered valuer who is employed full-time in that capacity; - 16 -