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Make
it an offence for any importer or distributor to sell or distribute
in the
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United Kingdom any wood harvested,
manufactured or otherwise dealt with
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illegally in the country from
which the wood originated or through which it
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passed or was transhipped; and
for connected purposes.
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and
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consent of the Lords Spiritual
and Temporal, and Commons, in this present
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Parliament assembled, and
by the authority of the same, as follows:—
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“distributor”
means any person who, for professional and commercial
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purposes, irrespective of the
selling technique used—
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(a)
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manufactures and sells
wood,
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5
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(b)
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sells wood manufactured
by another person, or
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(c)
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imports or exports wood
into the United Kingdom;
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“importer” means
any person established within the United Kingdom
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who is responsible for the
physical introduction for commercial
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purposes of wood or wood products
into the United Kingdom;
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10
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“person” includes
any individual or organisation of any kind subject to
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any jurisdiction in the United
Kingdom;
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“wood” means any
timber, bamboo or rattan and products thereof.
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A distributor or importer who—
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(a)
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sells, or offers for sale, any
wood that has been—
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(i)
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harvested, sold, taken or
possessed illegally in the country from
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which the wood was orginally
harvested, or
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(ii)
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exported illegally from
a country from which it was originally
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harvested or imported illegally
into a country through which it
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passed or was transhipped,
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(b)
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attempts to commit any act falling
within paragraph (a),
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(c)
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commits
any act falling within paragraph (a) not knowingly but
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recklessly and where he should
have known that such an act was being
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(d)
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commits any act falling within
paragraph (a) in good faith, or
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(e)
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falsifies labels or records
in connection with the acts falling within
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5
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3
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Penalties,
forfeiture, etc
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(1)
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A distributor or importer guilty
of an offence under—
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(a)
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section 2(a) or (b) shall be
liable on conviction on indictment to
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imprisonment for a term not
exceeding 5 years or a fine not exceeding
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(b)
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section 2(c) shall be liable
on conviction on indictment to imprisonment
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for a term not exceeding 1 year
or a fine not exceeding £50,000, or both,
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(c)
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section 2(d) shall be liable
on summary conviction to a fine not
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exceeding level 5 on the standard
scale,
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(d)
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section 2(e) shall be liable
on conviction on indictment to imprisonment
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for a term not exceeding 1 year
or a fine not exceeding £10,000, or both.
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(2)
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Where an offence under section
2 has been committed, the maximum fine
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which may be imposed under
subsection (1) shall be determined as if the
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person convicted had been convicted
of an offence in respect of each
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consignment of wood or wood
products.
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(3)
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The Secretary of State may,
by order, increase the penalties specified in
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(4)
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The court by which any distributor
or importer is convicted of an offence under
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section 2 shall order the forfeiture
of any wood product, tree, plant or other
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thing in respect of which the
offence was committed.
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4
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Subordinate
legislation
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(1)
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The Secretary of State may
by regulations make such supplementary provision
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as appears appropriate in consequence
of, or otherwise in connection with, this
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(2)
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Regulations and orders under
this Act shall be made by statutory instrument.
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(3)
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No order under subsection
3(3) may be made unless a draft of the order has
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been laid before, and approved
by a resolution of, each House of Parliament.
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(4)
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Regulations under subsection
(1) are subject to annulment in pursuance of a
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resolution of either House
of Parliament.
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(1)
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This Act may be cited as the
Illegally Logged Timber (Prohibition of Sale and
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(2)
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This Act comes into force
at the end of the period of two months beginning
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with the day on which it is
passed.
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(3)
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This Act extends to England
and Wales, Scotland and Northern Ireland.
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