Search Legislation

Sanctions and Anti-Money Laundering Act 2018

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As enacted)

Status:

This is the original version (as it was originally enacted). This item of legislation is currently only available in its original format.

17Enforcement

(1)In this section “regulations” means regulations under section 1.

(2)Regulations may make provision—

(a)for the enforcement of any prohibitions or requirements imposed by regulations;

(b)for the enforcement of any prohibitions or requirements imposed under regulations, including, in particular, prohibitions or requirements imposed by—

(i)conditions of a licence or direction issued by virtue of section 15, or

(ii)directions given by virtue of sections 6 and 7;

(c)for preventing any prohibitions or requirements mentioned in paragraph (a) or (b) from being circumvented.

(3)The provision that may be made by virtue of subsection (2) includes provision as to the powers and duties of any person who is to enforce the regulations.

(4)Regulations—

(a)may create criminal offences for the purposes of the enforcement of prohibitions or requirements mentioned in subsection (2)(a) or (b) or for the purposes of preventing such prohibitions or requirements from being circumvented, and

(b)may include provision dealing with matters relating to any offences created for such purposes by regulations (including provision that creates defences).

(5)Regulations may not provide for an offence under regulations to be punishable with imprisonment for a period exceeding—

(a)in the case of conviction on indictment, 10 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.

(6)Regulations may include provision applying, for the purpose of the enforcement of any relevant prohibition or requirement, any provision of the Customs and Excise Management Act 1979 specified in the regulations, with or without modifications.

(7)In subsection (6) a “relevant prohibition or requirement” means—

(a)a prohibition or requirement imposed by regulations for a purpose mentioned in—

(i)section 3(1)(b) to (g) or (2), or

(ii)Part 1 of Schedule 1, or

(b)a prohibition or requirement imposed by a condition of a licence or direction issued by virtue of section 15 in relation to a prohibition or requirement mentioned in paragraph (a).

(8)Regulations may provide that a particular offence which is—

(a)created by virtue of this section, and

(b)specified by the regulations,

is an offence to which Chapter 1 of Part 2 of the Serious Organised Crime and Police Act 2005 (investigatory powers) applies.

(9)Regulations may provide that a particular provision of the regulations which—

(a)contains a prohibition or requirement imposed for a purpose mentioned in section 3(1) or (2), and

(b)is specified by the regulations,

is to be regarded as not being financial sanctions legislation for the purposes of Part 8 of the Policing and Crime Act 2017 (financial sanctions: monetary penalties).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources