Paragraph 4 Penalty for providing inaccurate etc information in connection with an applicationI1
United Kingdom Not yet in force
Sub-paragraph (2) applies where the appropriate authority is satisfied that, in connection with an application for an exemption certificate, the applicant provided inaccurate or incomplete information or provided a document that contained an inaccuracy and—
the inaccuracy or incompleteness was deliberate or due to a failure by the applicant to take reasonable care,
the applicant knew of the inaccuracy or incompleteness at the time the information or document was provided but did not inform the authority at that time, or
the applicant discovered the inaccuracy or incompleteness before the import or export takes place and failed to take reasonable steps to inform the authority.
The appropriate authority may impose a monetary penalty on the applicant.
In this Schedule “monetary penalty” means a requirement to pay the appropriate authority a penalty of an amount, not exceeding £3,000, determined by the authority.
The appropriate authority may by regulations amend sub-paragraph (3) so as to substitute a different amount for the amount for the time being specified there.
Regulations made by the Secretary of State under sub-paragraph (4) must be made by statutory instrument; and a statutory instrument containing such regulations may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
Regulations made by the Welsh Ministers under sub-paragraph (4) must be made by statutory instrument; and a statutory instrument containing such regulations may not be made unless a draft of the instrument has been laid before, and approved by resolution of, Senedd Cymru.
Regulations made by the Scottish Ministers under sub-paragraph (4) are subject to the affirmative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).
Annotations
Commencement
- I1
Sch. para. 4 not in force at Royal Assent, see s. 3(2)