PART 6U.K.OFFENCES, ENFORCEMENT AND PENALTIES

[F1Further offences relating to the prohibitions etc. in the torture RegulationU.K.

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

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)