OpenLegislation

Paragraph 13 SanctionsI1I2

United Kingdom

(1)

Part 2 regulations may include provision—

(a)

for, about or connected with the imposition of civil sanctions in respect of—

(i)

failures to comply with Part 1 requirements or Part 2 regulations, or

(ii)

the obstruction of or failure to assist an enforcement authority;

(b)

for appeals against such sanctions.

(2)

Part 2 regulations must include provision to ensure that in a case where—

(a)

a regulated person fails to comply with a requirement in paragraph 2(1) or (2) in relation to their use of a forest risk commodity or a product derived from a forest risk commodity, but

(b)

an enforcement authority is satisfied that the regulated person took all reasonable steps to implement a due diligence system in relation to the commodity used by the person in that particular case,

a civil sanction may not be imposed on the regulated person in respect of the failure to comply.

(3)

Part 2 regulations may include provision—

(a)

creating criminal offences punishable with a fine in respect of—

(i)

failures to comply with civil sanctions imposed under Part 2 regulations, or

(ii)

the obstruction of or failure to assist an enforcement authority;

(b)

about such offences.

(4)

In this paragraph “civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings).

Annotations

Commencement

I1

Sch. 17 para. 13 not in force at Royal Assent, see s. 147(3)

I2

Sch. 17 para. 13 in force at 30.9.2022 for specified purposes by S.I. 2022/518, reg. 3(d)