SanctionsU.K.
This section has no associated Explanatory Notes
13(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).