PART 11Enforcement

Trade offences in CEMA: modification of penalty

116.—(1) Paragraph (2) applies where a person is guilty of an offence under section 50(2) of CEMA in connection with a prohibition mentioned in regulation 36, 44(2) or (3), 48 or 52(2) (imports).

(2) Where this paragraph applies, the reference to 7 years in section 50(4)(b) of CEMA(1) is to be read as a reference to 10 years.

(3) Paragraph (4) applies where a person is guilty of an offence under section 68(2) of CEMA in connection with a prohibition mentioned in regulation 35, 43(1), 44(1), 45, 51(1) or 52(1) (exports).

(4) Where this paragraph applies, the reference to 7 years in section 68(3)(b) of CEMA(2) is to be read as a reference to 10 years.

(5) Paragraph (6) applies where a person is guilty of an offence under section 170(2) of CEMA in connection with a prohibition mentioned in regulation 35, 36, 43(1), 44(1), (2) or (3), 45, 48, 51(1), or 52(1) or (2) (exports and imports).

(6) Where this paragraph applies, the reference to 7 years in section 170(3)(b) of CEMA(3) is to be read as a reference to 10 years.

(1)

The words “7 years” were inserted in section 50(4)(b) of CEMA by the Finance Act 1988, section 12.

(2)

The words “7 years” were inserted in section 68(3)(b) of CEMA by the Finance Act 1988, section 12.

(3)

The words “7 years” were inserted in section 170(3)(b) of CEMA by the Finance Act 1988, section 12.