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prohibit the sale in the United Kingdom of timber and wood products that |
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were obtained or produced illegally in their country of origin; and for |
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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) | manufactures and sells wood, |
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(b) | sells wood manufactured by another person, or |
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(c) | 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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“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) | sells, or offers for sale, any wood that has been— |
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(i) | 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) | 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) | attempts to commit any act falling within paragraph (a), |
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(c) | 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) | commits any act falling within paragraph (a) in good faith, or |
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(e) | falsifies labels or records in connection with the acts falling within |
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3 | Penalties, forfeiture, etc |
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(1) | A distributor or importer guilty of an offence under— |
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(a) | 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) | 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) | 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) | 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) | 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) | The Secretary of State may, by order, increase the penalties specified in |
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(4) | 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 | Subordinate legislation |
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(1) | 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) | Regulations and orders under this Act shall be made by statutory instrument. |
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(3) | 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) | 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) | This Act may be cited as the Illegally Logged Timber (Prohibition of Sale) Act |
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(2) | 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) | This Act extends to England and Wales, Scotland and Northern Ireland. |
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