Policing and Crime Bill (HC Bill 3)

(7) The requirements are—

(a) that the representations are made by the holder of the premises
licence, a responsible authority or any other person within the
period prescribed under subsection 53A(3)(e),

(b) 5that they have not been withdrawn, and

(c) if they are made by a person who is not a responsible authority,
that they are not, in the opinion of the relevant licensing
authority, frivolous or vexatious.

(8) Where the relevant licensing authority determines that any
10representations are frivolous or vexatious, it must notify the person
who made them of the reasons for that determination.

(9) A decision under this section may be appealed (see paragraph 8B of
Part 1 of Schedule 5 (appeals: premises licences)).””

(6) Part 1 of Schedule 5 (appeals: premises licences) is amended as follows.

(7) 15After paragraph 8A (summary review of premises licence) insert—

““Review of interim steps

8B (1) This paragraph applies where a review of interim steps is decided
under section 53D (review of interim steps at a summary review of a
premises licence).

(2) 20An appeal may be made against that decision by—

(a) the chief officer of police for the police area (or each police
area) in which the premises are situated, or

(b) the holder of the premises licence.

(3) An appeal under this paragraph must be heard by the magistrates’
25court within the period of 28 days beginning with the day on which
the appellant commenced the appeal (see paragraph 9(2)).””

(8) This section does not apply to applications made under section 53A of the
Licensing Act 2003 (summary reviews on application of senior police officer)
where a decision in relation to that application has been made under section
3053C (review of premises licence following review notice) before the coming
into force of this section.

113 Personal licences: licensing authority powers in relation to convictions

(1) The Licensing Act 2003 is amended as follows.

(2) In section 10(4)(a) (functions that may not be delegated to an officer) after sub-
35paragraph (xii) insert—

section 132A(8) and (12) (revocation or suspension of
licence by local authority where it becomes aware of
convictions or immigration penalties),”.”

(3) After section 132 (licence holder’s duty to notify licensing authority of
40convictions) insert—

“132A Convictions etc of licence-holder: powers of licensing authority

(1) This section applies where a licensing authority has granted a personal
licence and it becomes aware (whether by virtue of section 123(1), 131

or 132 or otherwise) that the holder of the licence (“the licence holder”)
has been, at any time before or after the grant of the licence—

(a) convicted of any relevant offence or foreign offence, or

(b) required to pay an immigration penalty.

(2) 5But this section does not apply at any time when—

(a) in the case of a licence holder who has been convicted of any
relevant offence or foreign offence—

(i) the licence holder has appealed against a conviction for,
or any sentence imposed in relation to, a relevant
10offence or foreign offence and that appeal has not been
disposed of, or

(ii) the time limit for appealing against such a conviction or
sentence has not expired, or

(b) in the case of a licence holder who has been required to pay an
15immigration penalty—

(i) the licence holder has objected to, or appealed against,
the imposition of the penalty and that objection or
appeal has not been disposed of, or

(ii) the time limit for objecting to, or appealing against, the
20imposition of the penalty has not expired.

(3) The relevant licensing authority may—

(a) suspend the licence for a period not exceeding six months, or

(b) revoke the licence.

(4) If the relevant licensing authority is considering whether to suspend or
25revoke the licence, the authority must give notice to the licence holder.

(5) A notice under subsection (4) must invite the licence holder to make
representations regarding—

(a) the relevant offence, foreign offence or immigration penalty
that has caused the relevant licensing authority to issue the
30notice,

(b) any decision of a court under section 129 or 130 in relation to the
licence, and

(c) any other relevant information (including information
regarding the licence holder’s personal circumstances).

(6) 35The licence holder may make representations under subsection (5) to
the relevant licensing authority within the period of 28 days beginning
with the day the notice was issued.

(7) Before deciding whether to suspend or revoke the licence the relevant
licensing authority must take into account—

(a) 40any representations made by the licence holder under this
section,

(b) any decision of a court under section 129 or 130 of which the
licensing authority is aware, and

(c) any other information which the authority considers relevant.

(8) 45Having taken into account the matters described in subsection (7) the
relevant licensing authority may make a decision whether to suspend
or revoke a licence, unless subsection (9) applies.

(9) This subsection applies where the relevant licensing authority has
taken into account the matters described in subsection (7) and proposes
not to revoke the licence.

(10) Where subsection (9) applies the authority must—

(a) 5give notice to the chief officer of police for its area that it
proposes not to revoke the licence, and

(b) invite the officer to make representations regarding the issue of
whether the licence should be suspended or revoked having
regard to the crime prevention objective.

(11) 10The chief officer of police may make representations under subsection
(10)(b) to the relevant licensing authority within the period of 14 days
beginning with the day the notice was received.

(12) Where the relevant licensing authority has given notice to the chief
officer of police under subsection (10)(a), the authority must take into
15account—

(a) any representations from the officer, and

(b) the matters described in subsection (7),

and then make a decision whether to suspend or revoke the licence.

(13) The relevant licensing authority must give notice of any decision made
20under subsection (8) or (12) to the licence holder and the chief officer of
police, including reasons for the decision.

(14) A decision under this section does not have effect—

(a) until the end of the period given for appealing against the
decision, or

(b) 25if the decision is appealed against, until the appeal is disposed
of.

(15) A decision under subsection (8) or (12) may be appealed (see paragraph
17(5A) of Part 3 of Schedule 5 (appeals: personal licences)).””

(4) In paragraph 17 of Part 3 of Schedule 5 (appeals: personal licences) after sub-
30paragraph (5) insert—

“(5A) Where a licensing authority revokes or suspends a personal licence
under section 132A(8) or (12) the holder of the licence may appeal
against that decision.””

114 Licencing Act 2003: addition of further relevant offences

(1) 35Schedule 4 to the Licensing Act 2003 (personal licence: relevant offences) is
amended as follows.

(2) In paragraph 18 (sexual offences), after sub-paragraph (a) insert—

“(aa) listed in Schedule 3 to the Sexual Offences Act 2003 (sexual
offences for the purposes of notification and orders);”.”

(3) 40After paragraph 19 (violent offences) insert—

“19A An offence listed in Part 1 of Schedule 15 to the Criminal Justice Act
2003 (specified violent offences).””

(4) After paragraph 22 (fraud offences) insert—

“22ZA An offence under any of the following provisions of the Violent
Crime Reduction Act 2006—

(a) section 28 (using someone to mind a weapon);

(b) 5section 36 (manufacture, import and sale of realistic imitation
firearms).””

(5) After paragraph 23A (offences under the Psychoactive Substances Act 2016)
insert—

“23B An offence listed in section 41 of the Counter-Terrorism Act 2008
10(terrorism offences).””

115 Licensing Act 2003: guidance

In the Licensing Act 2003, in section 182 (guidance) omit subsections (2) and (4)
to (6).

Part 8 15Financial sanctions

Interpretation

116 Interpretation

(1) This section sets out definitions that apply for the purposes of this Part.

(2) “EU financial sanctions Regulation” means an EU Regulation adopted under
20Article 215 of the Treaty on the Functioning of the European Union to the
extent that the Regulation—

(a) imposes prohibitions or obligations for one or more of the following
purposes—

(i) freezing funds or economic resources;

(ii) 25preventing funds or economic resources being made available;

(iii) prohibiting or restricting access to financial markets or financial
services;

(b) makes provision to supplement prohibitions or obligations of the kind
mentioned in paragraph (a).

(3) 30“UN financial sanctions Resolution” means a resolution adopted by the
Security Council of the United Nations to the extent that the resolution
provides under article 41 of the Charter of the United Nations for States to take
measures that—

(a) impose prohibitions or obligations for one or more of the following
35purposes—

(i) freezing funds or economic resources;

(ii) preventing funds or economic resources being made available;

(iii) prohibiting or restricting access to financial markets or financial
services;

(b) 40make provision to supplement prohibitions or obligations of the kind
mentioned in paragraph (a).

(4) “Financial sanctions legislation” means—

(a) an EU financial sanctions Regulation;

(b) an instrument made under section 2(2) of the European Communities
Act 1972 for the purpose of implementing, or otherwise in relation to,
5EU obligations created or arising by or under an EU financial sanctions
Regulation;

(c) a provision of an Act or of subordinate legislation (within the meaning
of the Interpretation Act 1978) where the purpose of the provision is to
implement a UN financial sanctions Resolution;

(d) 10a freezing order under section 4 of the Anti-terrorism, Crime and
Security Act 2001;

(e) a direction under Schedule 7 to the Counter-Terrorism Act 2008 to the
extent that it contains a requirement of a kind mentioned in paragraph
13 of that Schedule (limiting or ceasing business), paragraph 17 of that
15Schedule and Part 5 of that Schedule so far as it relates to the
enforcement of a requirement of a kind mentioned in paragraph 13 of
that Schedule.

(5) The reference in subsection (2) to Article 215 of the Treaty on the Functioning
of the European Union includes a reference to any of Articles 60, 301 and 308
20of the Treaty establishing the European Community (as it had effect before 1
December).

Enhanced maximum penalties

117 Powers to create offences under section 2(2) ECA 1972: maximum term of
imprisonment

(1) 25Paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972 applies
with the following modifications in relation to the exercise of the powers
conferred by section 2(2) of that Act (“the section 2(2) powers”) to make
provision for the purpose of implementing, or otherwise in relation to, EU
obligations created or arising by or under an EU financial sanctions Regulation.

(2) 30The prohibition arising under paragraph 1(1)(d) on the creation of offences
punishable by imprisonment for more than a period specified in that
paragraph does not apply to the exercise of the section 2(2) powers for those
purposes.

(3) Instead, the section 2(2) powers may not be exercised for those purposes to
35create an offence punishable by imprisonment for a period exceeding—

(a) in the case of conviction on indictment, 7 years;

(b) in the case of summary conviction—

(i) in relation to England and Wales, 12 months or, in relation to
offences committed before section 154(1) of the Criminal Justice
40Act 2003 comes into force, 6 months;

(ii) in relation to Scotland, 12 months;

(iii) in relation to Northern Ireland, 6 months.

(4) Subsection (5) applies where, at any time before this section comes into force,
the section 2(2) powers have been exercised for those purposes to create an
45offence punishable by imprisonment.

(5) The section 2(2) powers may (at any time after this section comes into force) be
exercised for those purposes to vary the provision made for the maximum
period of imprisonment by making any provision that could (by virtue of
subsections (2) and (3)) be made if the offence were created after this section
5comes into force.

(6) A variation made in reliance on subsection (5) does not affect the penalty for an
offence if any act or other event proof of which is required for conviction of the
offence takes place before this section comes into force.

118 Other offences: maximum term of imprisonment

(1) 10Schedule 3 to the Anti-terrorism, Crime and Security Act 2001 (freezing orders)
is amended in accordance with subsections (2) and (3).

(2) In paragraph 7 (offences), for sub-paragraph (6)(a) and (b) substitute—

“(“a) on summary conviction—

(i) in England and Wales, to imprisonment for a term not
15exceeding 12 months (or, in relation to offences
committed before section 154(1) of the Criminal
Justice Act 2003 comes into force, 6 months) or to a
fine, or to both;

(ii) in Scotland, to imprisonment for a term not exceeding
2012 months, or to a fine not exceeding the statutory
maximum, or to both;

(iii) in Northern Ireland, to imprisonment for a term not
exceeding 6 months, or to a fine not exceeding the
statutory maximum, or to both;

(b) 25on conviction on indictment, to imprisonment for a term not
exceeding 7 years or to a fine, or to both.””

(3) In that paragraph, in sub-paragraph (7), for the words from “on summary
conviction” to the end of the sub-paragraph substitute “—

(a) on summary conviction—

(i) 30in England and Wales, to imprisonment for a term not
exceeding 12 months (or, in relation to offences
committed before section 154(1) of the Criminal
Justice Act 2003 comes into force, 6 months) or to a
fine, or to both;

(ii) 35in Scotland, to imprisonment for a term not exceeding
12 months, or to a fine not exceeding the statutory
maximum, or to both;

(iii) in Northern Ireland, to imprisonment for a term not
exceeding 6 months, or to a fine not exceeding the
40statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not
exceeding 2 years or to a fine, or to both.””

(4) Schedule 7 to the Counter-Terrorism Act 2008 (terrorist financing and money
laundering) is amended in accordance with subsections (5) to (9).

(5) 45In paragraph 30 (offence of failure to comply with requirement imposed by

direction), after sub-paragraph (4) insert—

“(4A) In a case where a person is guilty of an offence under this paragraph
by failing to comply with a requirement of a kind mentioned in
paragraph 13, the person is liable—

(a) 5on summary conviction—

(i) in England and Wales, to imprisonment for a term not
exceeding 12 months (or, in relation to offences
committed before section 154(1) of the Criminal
Justice Act 2003 comes into force, 6 months) or to a
10fine, or to both;

(ii) in Scotland, to imprisonment for a term not exceeding
12 months, or to a fine not exceeding the statutory
maximum, or to both;

(iii) in Northern Ireland, to imprisonment for a term not
15exceeding 6 months, or to a fine not exceeding the
statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not
exceeding 7 years or to a fine, or to both.””

(6) In sub-paragraph (5) of that paragraph, at the beginning insert “In any other
20case,”.

(7) In paragraph 30A (offence of relevant person circumventing requirements),
after sub-paragraph (1) insert—

“(1A) In a case where a person is guilty of an offence under this paragraph
in relation to a requirement of a kind mentioned in paragraph 13, the
25person is liable—

(a) on summary conviction—

(i) in England and Wales, to imprisonment for a term not
exceeding 12 months (or, in relation to offences
committed before section 154(1) of the Criminal
30Justice Act 2003 comes into force, 6 months) or to a
fine, or to both;

(ii) in Scotland, to imprisonment for a term not exceeding
12 months, or to a fine not exceeding the statutory
maximum, or to both;

(iii) 35in Northern Ireland, to imprisonment for a term not
exceeding 6 months, or to a fine not exceeding the
statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not
exceeding 7 years or to a fine, or to both.””

(8) 40In sub-paragraph (2) of that paragraph, at the beginning insert “In any other
case,”.

(9) In paragraph 31 (offences in connection with licences), in sub-paragraph (2),
for the words from “on conviction on indictment” to the end of the sub-
paragraph substitute “—

(a) 45on summary conviction—

(i) in England and Wales, to imprisonment for a term not
exceeding 12 months (or, in relation to offences
committed before section 154(1) of the Criminal

Justice Act 2003 comes into force, 6 months) or to a
fine, or to both;

(ii) in Scotland, to imprisonment for a term not exceeding
12 months, or to a fine not exceeding the statutory
5maximum, or to both;

(iii) in Northern Ireland, to imprisonment for a term not
exceeding 6 months, or to a fine not exceeding the
statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not
10exceeding 2 years or to a fine, or to both.””

(10) The amendments made by this section do not affect the penalty for an offence
if any act or other event proof of which is required for conviction of the offence
takes place before this section comes into force.

Civil sanctions

119 15Power to impose monetary penalties

(1) The Treasury may impose a monetary penalty on a person if it is satisfied, on
the balance of probabilities, that—

(a) the person has breached a prohibition, or failed to comply with an
obligation, that is imposed by or under financial sanctions legislation,
20and

(b) the person knew, or had reasonable cause to suspect, that the person
was in breach of the prohibition or (as the case may be) had failed to
comply with the obligation.

(2) The amount of the penalty is to be such amount as the Treasury may determine
25but it may not exceed the permitted maximum.

(3) In a case where the breach or failure relates to particular funds or economic
resources and it is possible to estimate the value of the funds or economic
resources, the permitted maximum is the greater of—

(a) £1,000,000, and

(b) 3050% of the estimated value of the funds or resources.

(4) In any other case, the permitted maximum is £1,000,000.

(5) In subsection (3), “funds” and “economic resources” have the same meanings
as they have in the financial sanctions legislation that contains the prohibition
or obligation in respect of which the monetary penalty is imposed.

(6) 35The Treasury must keep the amount for the time being specified in subsection
(3)(a) or (4) under review.

(7) The Treasury may by regulations made by statutory instrument amend
subsection (3)(a) or (4) so as to substitute another amount for the amount for
the time being specified in it.

(8) 40Regulations under subsection (7) may include transitional provision.

(9) Before making regulations under subsection (7), the Treasury must consult
such persons as it considers appropriate.

(10) A statutory instrument containing regulations under subsection (7) may not be
made unless a draft of the instrument has been laid before and approved by a
resolution of each House of Parliament.

(11) Any monetary penalty payable under this section is recoverable by the
5Treasury as a civil debt.

(12) Any monetary penalty received by the Treasury by virtue of this section must
be paid into the Consolidated Fund.

(13) This section does not authorise the imposition of a monetary penalty on the
Crown.

120 10Monetary penalties: procedural rights

(1) Before imposing a monetary penalty on a person under section 119, the
Treasury must inform the person of its intention to do so.

(2) The Treasury must also—

(a) explain the grounds for imposing the penalty,

(b) 15specify the amount of the penalty,

(c) explain that the person is entitled to make representations, and

(d) specify the period within which any such representations must be
made.

(3) If (having considered any representations), the Treasury decides to impose the
20penalty, the Treasury must—

(a) inform the person of its decision,

(b) explain that the person is entitled to seek a review by a Minister of the
Crown, and

(c) specify the period within which the person must inform the Treasury
25that the person wishes to seek such a review.

(4) If the person seeks a review, the Minister may—

(a) uphold the decision to impose the penalty and its amount,

(b) uphold the decision to impose the penalty but substitute a different
amount, or

(c) 30cancel the decision to impose the penalty.

(5) A review under subsection (4) must be carried out by the Minister personally.

(6) In this section, “Minister of the Crown” means the holder of an office in Her
Majesty’s Government in the United Kingdom.

121 Monetary penalties: bodies corporate and unincorporated associations

(1) 35If a monetary penalty is payable under section 119 by a body, the Treasury may
also impose a monetary penalty on an officer of the body if it is satisfied, on the
balance of probabilities, that the breach or failure in respect of which the
monetary penalty is payable by the body—

(a) took place with the consent or connivance of the officer, or

(b) 40was attributable to any neglect on the part of the officer.

(2) In subsection (1)—

• “body” means a body corporate, a partnership or an unincorporated body
  other than a partnership;

Policing and Crime BillPage 129

• “officer of a body” means—

  (a)

  in relation to a body corporate, a director, manager, secretary or
  other similar officer of the body or a person purporting to act in
  any such capacity;

  (b)

  5in relation to a partnership, a partner or a person purporting to
  act as a partner;

  (c)

  in relation to an unincorporated body other than a partnership,
  a person who is concerned in the management or control of the
  body or purports to act in the capacity of a person so concerned.

(3) 10Sections 119(2) to (5), (11) and (12) and 120 apply in relation to a monetary
penalty that may be imposed under subsection (1) as they apply in relation to
a monetary penalty that may be imposed under section 119(1).

122 Monetary penalties: supplementary

(1) The Treasury must issue guidance as to—

(a) 15the circumstances in which it may consider it appropriate to impose a
monetary penalty under section 119 or 121, and

(b) how it will determine the amount of the penalty.

(2) The Treasury must, at such intervals as it considers appropriate, publish
reports about the imposition of monetary penalties under section 119 or 121.

20Other provisions about enforcement

123 Deferred prosecution agreements

In Part 2 of Schedule 17 to the Crime and Courts Act 2013 (which lists the
offences in relation to which a deferred prosecution agreement may be entered
into), after paragraph 26 insert—

“26A (1) 25An offence under an instrument made under section 2(2) of the
European Communities Act 1972 for the purpose of implementing,
or otherwise in relation to, EU obligations created or arising by or
under an EU financial sanctions Regulation.

(2) An offence under an Act or under subordinate legislation where the
30offence was created for the purpose of implementing a UN financial
sanctions Resolution.

(3) An offence under paragraph 7 of Schedule 3 to the Anti-terrorism,
Crime and Security Act 2001 (freezing orders).

(4) An offence under paragraph 30 or 30A of Schedule 7 to the Counter-
35Terrorism Act 2008 where the offence relates to a requirement of the
kind mentioned in paragraph 13 of that Schedule.

(5) An offence under paragraph 31 of Schedule 7 to the Counter-
Terrorism Act 2008.

(6) In this paragraph—

• 40“EU financial sanctions Regulation” and “UN financial
  sanctions Resolution” have the same meanings as in Part 8 of
  the Policing and Crime Act 2016 (see section 116 of that Act);

Policing and Crime BillPage 130

• “subordinate legislation” has the same meaning as in the
  Interpretation Act 1978.””

124 Serious crime prevention orders

(1) Schedule 1 to the Serious Crime Act 2007 (which lists the offences in respect of
5which serious crime prevention orders may be made) is amended as follows.

(2) In Part 1 (England and Wales), after paragraph 13A insert—

““Financial sanctions legislation

13B (1) An offence under an instrument made under section 2(2) of the
European Communities Act 1972 for the purpose of implementing,
10or otherwise in relation to, EU obligations created or arising by or
under an EU financial sanctions Regulation.

(2) An offence under an Act or under subordinate legislation where the
offence was created for the purpose of implementing a UN financial
sanctions Resolution.

(3) 15An offence under paragraph 7 of Schedule 3 to the Anti-terrorism,
Crime and Security Act 2001 (freezing orders).

(4) An offence under paragraph 30 or 30A of Schedule 7 to the Counter-
Terrorism Act 2008 where the offence relates to a requirement of the
kind mentioned in paragraph 13 of that Schedule.

(5) 20An offence under paragraph 31 of Schedule 7 to the Counter-
Terrorism Act 2008.

(6) In this paragraph—

• “EU financial sanctions Regulation” and “UN financial
  sanctions Resolution” have the same meanings as in Part 8 of
  25the Policing and Crime Act 2016 (see section 116 of that Act);

• “subordinate legislation” has the same meaning as in the
  Interpretation Act 1978.””

(3) In Part 1A (Scotland), after paragraph 16M —

““Financial sanctions legislation

16MA (1) 30An offence under an instrument made under section 2(2) of the
European Communities Act 1972 for the purpose of implementing,
or otherwise in relation to, EU obligations created or arising by or
under an EU financial sanctions Regulation.

(2) An offence under an Act or under subordinate legislation where the
35offence was created for the purpose of implementing a UN financial
sanctions Resolution.

(3) An offence under paragraph 7 of Schedule 3 to the Anti-terrorism,
Crime and Security Act 2001 (freezing orders).

(4) An offence under paragraph 30 or 30A of Schedule 7 to the Counter-
40Terrorism Act 2008 where the offence relates to a requirement of the
kind mentioned in paragraph 13 of that Schedule.

(5) An offence under paragraph 31 of Schedule 7 to the Counter-
Terrorism Act 2008.

(6) In this paragraph—

• “EU financial sanctions Regulation” and “UN financial
  5sanctions Resolution” have the same meanings as in Part 8 of
  the Policing and Crime Act 2016 (see section 116 of that Act);

• “subordinate legislation” has the same meaning as in the
  Interpretation Act 1978.””

(4) In Part 2 (Northern Ireland), after paragraph 29 insert—

10““Financial sanctions legislation

29A (1) An offence under an instrument made under section 2(2) of the
European Communities Act 1972 for the purpose of implementing,
or otherwise in relation to, EU obligations created or arising by or
under an EU financial sanctions Regulation.

(2) 15An offence under an Act or under subordinate legislation where the
offence was created for the purpose of implementing a UN financial
sanctions Resolution.

(3) An offence under paragraph 7 of Schedule 3 to the Anti-terrorism,
Crime and Security Act 2001 (freezing orders).

(4) 20An offence under paragraph 30 or 30A of Schedule 7 to the Counter-
Terrorism Act 2008 where the offence relates to a requirement of the
kind mentioned in paragraph 13 of that Schedule.

(5) An offence under paragraph 31 of Schedule 7 to the Counter-
Terrorism Act 2008.

(6) 25In this paragraph—

• “EU financial sanctions Regulation” and “UN financial
  sanctions Resolution” have the same meanings as in Part 8 of
  the Policing and Crime Act 2016 (see section 116 of that Act);

• “subordinate legislation” has the same meaning as in the
  30Interpretation Act 1978.””

Avoidance of delay: temporary regulations

125 Implementation of UN financial sanctions Resolutions: temporary
regulations

(1) Where a UN financial sanctions Resolution is adopted, the Treasury may by
35regulations made by statutory instrument make such provision as it considers
appropriate for the implementation of the Resolution.

(2) Regulations under this section must provide for the regulations to cease to
have effect at whichever of the following times first occurs—

(a) the time when an EU financial sanctions Regulation made for the
40purpose of implementing the UN financial sanctions Resolution enters
into force;

(b) the end of a day specified in the regulations, which may not be a day
that falls more than 30 days after the day on which the UN financial
sanctions Resolution is adopted.

(3) At any time before the end of the day specified in the regulations under
5subsection (2)(b), the Treasury may amend the regulations (by making further
regulations) so as to substitute for the day specified in the regulations in
accordance with subsection (2)(b) a different day, which may not be a day that
falls more than 60 days after the day on which the UN financial sanctions
Resolution is adopted.

(4) 10The power conferred by subsection (3) may be exercised on only one occasion.

(5) Subsection (3) does not affect the power (by virtue of section 14 of the
Interpretation Act 1978) to amend regulations under subsection (1) for a
purpose other than that mentioned in subsection (3).

(6) A statutory instrument containing regulations under this section is subject to
15annulment in pursuance of a resolution of either House of Parliament.

(7) Section 126 makes further provision about regulations under this section.

126 Content of regulations under section 125

(1) Regulations under section 125 may impose prohibitions for such of the
following purposes as are relevant to the UN financial sanctions Resolution
20that is being implemented by the regulations—

(a) freezing funds or economic resources owned, held or controlled by
designated persons;

(b) preventing funds or economic resources being made available to, or for
the benefit, of designated persons.

(2) 25In subsection (1), “designated person” means a person who is specified in any
of the following instruments as a person in relation to whom the measures
required by the UN financial sanctions Resolution are to be taken—

(a) the UN financial sanctions Resolution or any other UN financial
sanctions Resolution;

(b) 30an instrument made by an organ of the United Nations for the purpose
of specifying the persons in relation to whom the measures required by
the Resolution are to be taken.

For the purpose of this subsection, “person” includes (in addition to an
individual and a body of persons corporate or unincorporate) any organisation
35and any association or combination of persons.

(3) Regulations under section 125 must describe the designated persons to whom
the prohibitions in the regulations relate but may do so by referring to any of
the instruments mentioned in subsection (2) or in any other way; and, where
the persons are described by referring to any of those instruments, the
40regulations may provide for the reference in the regulations to the instrument
to have effect as a reference to the instrument as varied or supplemented from
time to time.

(4) The regulations may create exceptions to any prohibitions included in the
regulations by virtue of subsection (1), including provision for any of those
45prohibitions not to apply to anything done under the authority of a licence
issued by the Treasury under the regulations.

(5) The regulations may make provision—

(a) for requiring a person who is subject to a prohibition, or any other
person of a description specified in the regulations, to provide
information to the Treasury;

(b) 5authorising or restricting the disclosure of information so provided.

(6) The regulations may make provision for the enforcement of any prohibitions
or requirements set out in the regulations, including provision for preventing
any prohibitions from being circumvented.

(7) The provision that may be made under subsection (6) includes—

(a) 10the creation of offences;

(b) provision corresponding or similar to sections 119 to 122 (civil
sanctions).

(8) The regulations may not create an offence punishable by imprisonment for a
period exceeding—

(a) 15in the case of conviction on indictment, 7 years;

(b) in the case of summary conviction—

(i) in relation to England and Wales, 12 months or, in relation to
offences committed before section 154(1) of the Criminal Justice
Act 2003 comes into force, 6 months;

(ii) 20in relation to Scotland, 12 months;

(iii) in relation to Northern Ireland, 6 months.

(9) The regulations may provide that a person is not to be subject to any form of
liability in consequence of anything done by that person under the regulations.

(10) The regulations may bind the Crown but they may not—

(a) 25provide for the Crown to be criminally liable, or

(b) provide for the Crown to be liable to pay a monetary penalty.

(11) The regulations may include—

(a) incidental, supplementary or consequential provision;

(b) transitional or transitory provision.

(12) 30The regulations may—

(a) make different provision for different purposes;

(b) confer a discretion on any person.

Avoidance of delay: temporary listing

127 Linking of UN financial sanctions Resolutions with EU financial sanctions
35Regulations

(1) For the purposes of section 128, the Treasury may by regulations made by
statutory instrument provide that a United Nations financial sanctions
Resolution specified in the regulations is linked to an EU financial sanctions
Regulation specified in the regulations.

(2) 40The regulations may provide for any reference in the regulations to a United
Nations financial sanctions Resolution or to an EU financial sanctions
Regulation to have effect as a reference to the United Nations financial
sanctions Resolution or (as the case may be) to the EU financial sanctions
Regulation as varied or supplemented from time to time.

(3) A statutory instrument containing regulations under subsection (1) is subject
to annulment in pursuance of a resolution of either House of Parliament.

128 Implementation of UN financial sanctions Resolutions: temporary listing

(1) This section applies where—

(a) 5regulations under section 127 provide that a UN financial sanctions
Resolution is linked to an EU financial sanctions Regulation,

(b) a person is designated for the purposes of the UN financial sanctions
Resolution, and

(c) at the time the person is designated for those purposes, the person is
10not included in the list of persons, set out in the EU financial sanctions
Regulation, to whom the prohibitions contained in the Regulation
relate (“the EU list”).

(2) The person is to be treated for a temporary period as if the person were
included in the EU list (as well as being designated for the purposes of the UN
15financial sanctions Resolution).

(3) The temporary period referred to in subsection (2) begins at the time the person
is designated for the purposes of the UN financial sanctions Regulation.

(4) The temporary period ends—

(a) at the end of the day on which the person is (otherwise than under
20subsection (2)) included in the EU list;

(b) if the person is not included in the EU list before the end of the period
of 30 days beginning with the day after the day on which the person is
designated for the purposes of the UN financial sanctions Resolution,
at the end of that period of 30 days.

(5) 25For the purposes of this section, a person is designated for the purposes of a
UN financial sanctions Resolution if the person is specified in any of the
following instruments as a person in relation to whom the measures required
by the UN financial sanctions Resolution are to be taken—

(a) the UN financial sanctions Resolution or any other UN financial
30sanctions Resolution;

(b) an instrument made by an organ of the United Nations for the purpose
of specifying the persons in relation to whom the measures required by
the Resolution are to be taken.

For the purpose of this subsection, “person” includes (in addition to an
35individual and a body corporate or unincorporate) any organisation and any
association or combination of persons.

(6) This section applies where a person is designated for the purposes of the UN
financial sanctions Resolution before this section comes into force (as well as
where the person is designated after this section comes into force) but, in such
40a case, the temporary period begins on the day on which this section comes into
force.

Power to extend to Channel Islands etc

129 Extension to the Channels Islands, Isle of Man and BOTs

(1) Her Majesty may by Order in Council provide for regulations under section
125(1) (whether made before or after the making of the Order in Council) to
5extend with or without modifications to—

(a) any of the Channel Islands;

(b) the Isle of Man;

(c) any of the British overseas territories.

(2) Her Majesty may by Order in Council provide for section 116, regulations
10under section 127 (whether made before or after the making of the Order in
Council) and section 128 to extend with or without modifications to—

(a) any of the Channel Islands;

(b) the Isle of Man;

(c) any of the British overseas territories.

(3) 15The power conferred by subsection (1) or (2), so far as relating to regulations,
includes power to provide for the regulations as amended from time to time to
extend as mentioned in that subsection.

(4) The modifications that may be specified in an Order in Council under
subsection (1) include a modification of any provision included in the
20regulations about the time at which the regulations are to cease to have effect.

(5) A modification included in an Order in Council by virtue of subsection (4)—

(a) may have the effect that the regulations (as extended by the Order in
Council) continue to have effect after the time when the regulations
have ceased to have effect under the law of England and Wales,
25Scotland and Northern Ireland, but

(b) must secure that the regulations (as so extended) cease to have effect on
a day that falls no later than 120 days after the day on which the
relevant UN financial sanctions Resolution is adopted.

(6) In subsection (5), “the relevant UN financial sanctions Resolution” means the
30UN financial sanctions Resolution that is being implemented by the
regulations.

Part 9 Miscellaneous and general

CHAPTER 1 Miscellaneous

35Police collaboration

130 Power to enter into police collaboration agreements

(1) The Police Act 1996 is amended in accordance with subsections (2) to (4).

(2) In section 22A (collaboration agreements)—

(a) in subsection (1)(b), for “and two or more policing bodies” substitute

“and—