PART 3Fulfilment businesses

I1I2C2C153Offence

1

A person who—

a

carries on F1an imported 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 F2an imported 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 F4the general limit in a magistrates’ court, 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 F32 May 2022 the reference in subsection (4)(a) to F5the general limit in a magistrates’ court is to be read as a reference to 6 months.