SCHEDULES

SCHEDULE 17Use of forest risk commodities in commercial activity

PART 2Enforcement

Sanctions

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).