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Banking Act 2009

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Changes over time for: Section 221

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Changes to legislation:

Banking Act 2009, Section 221 is up to date with all changes known to be in force on or before 03 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

221Offence: unlawful issueU.K.

This section has no associated Explanatory Notes

(1)A person who issues banknotes in Scotland or Northern Ireland otherwise than in reliance on section 213 commits an offence.

(2)A person guilty of an offence under subsection (1) is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding 10 years, to a fine or to both, or

(b)on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both.

(3)An offence under subsection (1) committed by a body corporate is also committed by an officer of the body (“O”) if the offence—

(a)is committed with O's consent or connivance, or

(b)is attributable to O's negligence.

(4)In subsection (3) “officer” means—

(a)a director,

(b)a manager,

(c)a secretary or similar officer, and

(d)a person purporting to act as an officer within paragraphs (a) to (c).

(5)Subsection (3) applies to a partnership constituted under the law of Scotland as to a body corporate; for which purpose “officer” means—

(a)a partner, or

(b)a person purporting to act as a partner.

(6)Proceedings for an offence under subsection (1) may be instituted—

(a)in England and Wales, only by the Director of Public Prosecutions, and

(b)in Northern Ireland, only by the Director of Public Prosecutions for Northern Ireland.

Commencement Information

I1S. 221 in force at 23.11.2009 by S.I. 2009/3000, art. 3

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