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Impose
penalties on credit and debit card providers for the facilitation
of the |
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downloading of child pornography
from the internet; and for connected |
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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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Offence
of facilitation |
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(1) |
Where it is established
that a payment mechanism has been used, whether over |
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an electronic communications
network or not, for the purpose of obtaining |
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indecent photographs or pseudo-photographs
of children any and all entities |
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responsible for facilitating
the transfer of funds to the supplier of the indecent |
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photographs or pseudo-photographs
shall be guilty of an offence. |
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“electronic communications
network” has the meaning given by section |
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32 of the Communications
Act 2003; |
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“child”, “photographs”
and “pseudo-photographs” have the meaning |
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given in section 7 of the
Protection of Children Act 1978; |
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“indecent photograph
of children” has the meaning given in section 1 of |
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the Protection of Children
Act 1978; |
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“payment mechanism”
means credit cards and debit cards. |
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(3) |
For the purpose of determining
whether or not an offence has been committed |
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under subsection (1), providers
of credit cards and debit cards must ensure that |
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records are kept of the age,
identity and address of all holders of credit and |
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debit cards, including pre-paid
cards. |
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(4) |
The Secretary of State must
make provision by regulations made by statutory |
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instrument for the determination
of supervisory authorities, the duties of |
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supervisory authorities,
power to require information from, and attendance of, |
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relevant and connected persons,
powers of entry and inspection, powers of |
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relevant officers and offences
by bodies corporate, related to the offence of |
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facilitation created by subsection
(1). |
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(5) |
Regulations
made under subsection (4) may include such supplementary, |
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transitional and transitory
provision as the Secretary of State considers |
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(6) |
Regulations made under subsection
(4) shall be subject to annulment in |
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pursuance of a resolution
of either House of Parliament. |
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(1) |
A company or organisation
which commits an offence under section 1 shall be |
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liable to an unlimited fine. |
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(2) |
An individual who commits
an offence under section 1 shall be liable— |
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(a) |
on conviction on indictment,
to imprisonment for a term not exceeding |
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seven years or to a fine or
to both; |
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(b) |
on summary conviction, to
imprisonment for a term not exceeding the |
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relevant maximum or to a fine
not exceeding the statutory maximum or |
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There
shall be paid out of money provided by Parliament— |
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(a) |
any
expenditure incurred under or by virtue of the Act by the Secretary
of |
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(b) |
any
increase attributable to the Act in the sums payable under any
other Act |
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out
of money so provided. |
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Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Credit Regulation (Child Pornography) Act 2011. |
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(2) |
This Act is to come into
force on such day as the Secretary of State may by order |
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made by statutory instrument
appoint. |
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(3) |
This Act extends to England
and Wales, Scotland and Northern Ireland. |
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