36A.—(1) In this article—
(a)references to “Articles” are references to articles in the torture Regulation; and
(b)“brokering services” and “transit” bear the same meaning as they have in that regulation.
(2) A person who is concerned in an activity prohibited by [F2Article 5(1)] (prohibition of transit), [F3Article 6] (prohibition of brokering services), [F4Article 7] (prohibition of training), [F5Article 8] (trade fairs) or [F6Article 9] (advertising) commits an offence.
(3) A person who fails to comply with [F7Article 15(1)] (authorisation requirement for certain services) or [F8Article 19(1)] (authorisation requirement for certain services) commits an offence.
(4) A person who is knowingly concerned in an activity prohibited by [F2Article 5(1)], [F3Article 6], [F4Article 7], [F5Article 8], [F6Article 9], [F9Article 13] (prohibition of transit) or [F10Article 18] (prohibition of transit) with intent to evade that prohibition commits an offence and may be arrested.
(5) A person who knowingly fails to comply with [F7Article 15(1)] or [F8Article 19(1)] with intent to evade the requirements in those Articles commits an offence and may be arrested.
(6) A person guilty of an offence under paragraph (2) or (3) is liable upon summary conviction to a fine not exceeding level 3 on the standard scale.
(7) A person guilty of an offence under paragraph (4) or (5) is liable—
(a)on summary conviction—
(i)in England and Wales, to a fine or to imprisonment for a term not exceeding three months, or to both;
(ii)in Scotland and Northern Ireland, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months, or to both; or
(b)on conviction on indictment to a fine or to imprisonment for a term not exceeding two years, or to both.]
Textual Amendments
F1Art. 36A inserted (17.3.2017) by The Export Control (Amendment) (No. 2) Order 2017 (S.I. 2017/193), arts. 1, 2(4)
F2Words in art. 36A substituted (30.6.2019) by The Export Control (Amendment) Order 2019 (S.I. 2019/989), arts. 1, 2(4)(a)
F3Words in art. 36A substituted (30.6.2019) by The Export Control (Amendment) Order 2019 (S.I. 2019/989), arts. 1, 2(4)(b)
F4Words in art. 36A substituted (30.6.2019) by The Export Control (Amendment) Order 2019 (S.I. 2019/989), arts. 1, 2(4)(c)
F5Words in art. 36A substituted (30.6.2019) by The Export Control (Amendment) Order 2019 (S.I. 2019/989), arts. 1, 2(4)(d)
F6Words in art. 36A substituted (30.6.2019) by The Export Control (Amendment) Order 2019 (S.I. 2019/989), arts. 1, 2(4)(e)
F7Words in art. 36A substituted (30.6.2019) by The Export Control (Amendment) Order 2019 (S.I. 2019/989), arts. 1, 2(4)(g)
F8Words in art. 36A substituted (30.6.2019) by The Export Control (Amendment) Order 2019 (S.I. 2019/989), arts. 1, 2(4)(i)
F9Words in art. 36A substituted (30.6.2019) by The Export Control (Amendment) Order 2019 (S.I. 2019/989), arts. 1, 2(4)(f)
F10Words in art. 36A substituted (30.6.2019) by The Export Control (Amendment) Order 2019 (S.I. 2019/989), arts. 1, 2(4)(h)