Finance (No. 2) Act 2017

53OffenceU.K.

(1)A person who—

(a)carries on a third country goods fulfilment business, and

(b)is not an approved person,

commits an offence.

(2)In proceedings for an offence under subsection (1) it is a defence to show that the person did not know, and had no reasonable grounds to suspect, that the person—

(a)was carrying on a third country goods fulfilment business, or

(b)was not an approved person.

(3)A person is taken to have shown the fact mentioned in subsection (2) if—

(a)sufficient evidence of that fact is adduced to raise an issue with respect to it, and

(b)the contrary is not proved beyond reasonable doubt.

(4)A person guilty of an offence under this section is liable on summary conviction—

(a)in England and Wales, to imprisonment for a term not exceeding 12 months, or a fine, or both;

(b)in Scotland, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;

(c)in Northern Ireland, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both.

(5)A person guilty of an offence under this section is liable on conviction on indictment to—

(a)imprisonment for a period not exceeding 7 years,

(b)a fine, or

(c)both.

(6)In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 the reference in subsection (4)(a) to 12 months is to be read as a reference to 6 months.

Commencement Information

I1Pt. 3: s. 53 in force at Royal Assent for specified purposes, see s. 59(1)(a)