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The Burma (Sale, Supply, Export, Technical Assistance, Financing and Financial Assistance and Shipment of Equipment) (Penalties and Licences) Regulations 2004
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- UK Statutory Instruments
- 2004 No. 1315
- Regulation 4
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There are currently no known outstanding effects for the The Burma (Sale, Supply, Export, Technical Assistance, Financing and Financial Assistance and Shipment of Equipment) (Penalties and Licences) Regulations 2004, Section 4.
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PenaltiesU.K.
4.—(1) A person guilty of an offence under regulation 2, 3(2) or (3) shall be liable –
(a)on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or to both; or
(b)on summary conviction, to a fine not exceeding the statutory maximum.
[F1(2) Notwithstanding that the offence in regulation 2 above is not, by virtue of the term of imprisonment for which a person may be sentenced in respect of it, an arrestable offence within the meaning of the Police and Criminal Evidence (Northern Ireland Order) 1989, Article 26(2) of that Order (in Northern Ireland) shall apply to the offence as if it were mentioned therein, and the offence shall accordingly be an arrestable offence within the meaning of the Order.]
(3) Section 138 of the Customs and Excise Management Act 1979 (provision as to arrest of persons) shall apply to the arrest of any person for any offences under regulation 2 as it applies to the arrest of any person for offences under the customs and excise Acts.
(4) Sections 145 to 148 and 150 to 155 of the Customs and Excise Management Act 1979 (proceedings for offences, mitigation of penalties, proof and other matters) shall apply in relation to offences and penalties under these Regulations and proceedings for such offences as they apply in relation to offences and penalties and proceedings for offences under the customs and excise Acts.
(5) Nothing in subsections (1) to (4) of section 145 of the said Act (institution of proceedings for offences under the customs and excise Acts to be by order of the Commissioners) shall prevent the institution of proceedings by the Secretary of State for any of the offences under regulation 2.
Textual Amendments
F1Reg. 4(2) substituted (1.1.2006) by The Serious Organised Crime and Police Act 2005 (Powers of Arrest) (Consequential Amendments) Order 2005 (S.I. 2005/3389), arts. 1(1), 28
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