|
|
|
| |
|
|
|
|
|
|
|
|
prohibit
the sale in the United Kingdom of timber and wood products that
|
|
|
were obtained or produced
illegally in their country of origin; and for |
|
|
|
|
Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
|
|
consent of the Lords Spiritual
and Temporal, and Commons, in this present |
|
|
Parliament assembled,
and by the authority of the same, as follows:— |
|
|
|
|
|
|
“distributor”
means any person who, for professional and commercial |
|
|
purposes, irrespective
of the selling technique used— |
|
|
(a) |
manufactures and sells
wood, |
|
5 |
(b) |
sells wood manufactured
by another person, or |
|
|
(c) |
imports or exports
wood into the United Kingdom; |
|
|
“importer”
means any person established within the United Kingdom |
|
|
who is responsible for
the physical introduction for commercial |
|
|
purposes of wood or wood
products into the United Kingdom; |
|
10 |
“person”
includes any individual or organisation of any kind subject
to |
|
|
any jurisdiction in the
United Kingdom; |
|
|
“wood” means
any timber, bamboo or rattan and products thereof. |
|
|
|
|
A distributor or importer
who— |
|
15 |
(a) |
sells, or offers for sale,
any wood that has been— |
|
|
(i) |
harvested, sold, taken
or possessed illegally in the country from |
|
|
which the wood was orginally
harvested, or |
|
|
(ii) |
exported illegally from
a country from which it was originally |
|
|
harvested or imported
illegally into a country through which it |
|
20 |
passed or was transhipped, |
|
|
(b) |
attempts to commit any act
falling within paragraph (a), |
|
|
| |
|
|
|
|
|
|
|
| |
(c) |
commits
any act falling within paragraph (a) not knowingly but |
|
|
recklessly and where he
should have known that such an act was being |
|
|
|
|
(d) |
commits any act falling
within paragraph (a) in good faith, or |
|
|
(e) |
falsifies labels or records
in connection with the acts falling within |
|
5 |
|
|
|
|
3 |
Penalties,
forfeiture, etc |
|
|
(1) |
A distributor or importer
guilty of an offence under— |
|
|
(a) |
section 2(a) or (b) shall
be liable on conviction on indictment to |
|
10 |
imprisonment for a term
not exceeding 5 years or a fine not exceeding |
|
|
|
|
(b) |
section 2(c) shall be liable
on conviction on indictment to imprisonment |
|
|
for a term not exceeding
1 year or a fine not exceeding £50,000, or both, |
|
|
(c) |
section 2(d) shall be liable
on summary conviction to a fine not |
|
15 |
exceeding level 5 on the
standard scale, |
|
|
(d) |
section 2(e) shall be liable
on conviction on indictment to imprisonment |
|
|
for a term not exceeding
1 year or a fine not exceeding £10,000, or both. |
|
|
(2) |
Where an offence under
section 2 has been committed, the maximum fine |
|
|
which may be imposed under
subsection (1) shall be determined as if the |
|
20 |
person convicted had been
convicted of an offence in respect of each |
|
|
consignment of wood or
wood products. |
|
|
(3) |
The Secretary of State
may, by order, increase the penalties specified in |
|
|
|
|
(4) |
The court by which any
distributor or importer is convicted of an offence under |
|
25 |
section 2 shall order the
forfeiture of any wood product, tree, plant or other |
|
|
thing in respect of which
the offence was committed. |
|
|
4 |
Subordinate
legislation |
|
|
(1) |
The Secretary of State
may by regulations make such supplementary provision |
|
|
as appears appropriate
in consequence of, or otherwise in connection with, this |
|
30 |
|
|
(2) |
Regulations and orders
under this Act shall be made by statutory instrument. |
|
|
(3) |
No order under subsection
3(3) may be made unless a draft of the order has |
|
|
been laid before, and approved
by a resolution of, each House of Parliament. |
|
|
(4) |
Regulations under subsection
(1) are subject to annulment in pursuance of a |
|
35 |
resolution of either House
of Parliament. |
|
|
|
|
(1) |
This Act may be cited
as the Illegally Logged Timber (Prohibition of Sale) Act |
|
|
|
|
(2) |
This Act comes into force
at the end of the period of two months beginning |
|
40 |
with the day on which it
is passed. |
|
|
(3) |
This Act extends to England
and Wales, Scotland and Northern Ireland. |
|
|
| |
|
|
