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Policing and Crime Act 2017

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This is the original version (as it was originally enacted).

153Content of regulations under section 152

This section has no associated Explanatory Notes

(1)Regulations under section 152 may impose prohibitions for such of the following purposes as are relevant to the UN financial sanctions Resolution that 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)In 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)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 individual and a body of persons corporate or unincorporate) any organisation and any association or combination of persons.

(3)Regulations under section 152 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 regulations 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 prohibitions 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)authorising 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)the creation of offences;

(b)provision corresponding or similar to sections 146 to 149 (civil sanctions).

(8)The regulations may not create 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 Act 2003 comes into force, 6 months;

(ii)in 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)provide 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)The regulations may—

(a)make different provision for different purposes;

(b)confer a discretion on any person.

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