http://www.legislation.gov.uk/id/ukpga/2021/30/schedule/17

SCHEDULES

SCHEDULE 17Use of forest risk commodities in commercial activity

PART 2Enforcement

I18General power

The Secretary of State may by regulations (“Part 2 regulations”) make provision about the enforcement of requirements imposed by or under Part 1 of this Schedule (“Part 1 requirements”).

I29Powers to confer functions

1

Part 2 regulations may include provision conferring functions on one or more persons specified in the regulations (each of whom is an “enforcement authority” for the purposes of this Schedule).

2

Part 2 regulations may include provision—

a

conferring functions involving the exercise of discretion;

b

for the functions of an enforcement authority to be exercised on its behalf by persons authorised in accordance with the regulations.

3

Part 2 regulations may include provision requiring an enforcement authority—

a

to issue guidance about the exercise of its functions;

b

to consult with specified persons before issuing such guidance.

I310Monitoring compliance

Part 2 regulations may include provision conferring on an enforcement authority the function of monitoring compliance with Part 1 requirements.

I411Records and information

Part 2 regulations may include provision—

a

requiring persons on whom Part 1 requirements are imposed to keep records;

b

requiring persons on whom Part 1 requirements are imposed to provide records or other information to an enforcement authority;

c

requiring an enforcement authority to make reports or provide information to the Secretary of State.

I512Powers of entry etc

1

Part 2 regulations may include provision conferring on an enforcement authority powers of entry, inspection, examination, search and seizure.

2

Part 2 regulations may include provision—

a

for powers to be exercisable only under the authority of a warrant issued by a justice of the peace, sheriff, summary sheriff or lay magistrate;

b

about applications for, and the execution of, warrants.

3

Part 2 regulations must secure that the authority of a warrant is required for the exercise of any powers conferred by the regulations to—

a

enter premises by force;

b

enter a private dwelling without the consent of the occupier;

c

search and seize material.

Sanctions

I613

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).

I714

Part 2 regulations may include provision for the imposition of sanctions of that kind whether or not—

a

the conduct in respect of which the sanction is imposed constitutes an offence, or

b

the enforcement authority is a regulator for the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008.

I815Charges

Part 2 regulations may include provision—

a

requiring persons on whom Part 1 requirements are imposed to pay to an enforcement authority charges, as a means of recovering costs incurred by that enforcement authority in performing its functions;

b

authorising a court or tribunal dealing with any matter relating to Part 1 requirements or Part 2 regulations to award to an enforcement authority costs incurred by it in performing its functions in relation to that matter.

I916Consultation requirement

1

Before making Part 2 regulations the Secretary of State must consult any persons the Secretary of State considers appropriate.

2

The requirement to consult in sub-paragraph (1) may be met by consultation carried out before this paragraph comes into force.