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5. (1) A person who fails to comply with a prohibition imposed by article 4 commits an offence.
(2) A person who engages in an activity knowing or intending that it will enable or facilitate the commission by another person of an offence under paragraph (1) commits an offence.
(3) It is a defence to the offences in this article for a person to prove that he or she did not know and had no reason to suppose that—
(a)in relation to the prohibition in article 4(2) the person to whom or for whose benefit frozen funds were made available, or were to be made available;
(b)in relation to the prohibition in article 4(3), the person at the direction or instruction of whom frozen funds were made available, or were to be made available;
(c)in relation to the prohibition in article 4(4), the person who owned, held or controlled the frozen funds,
was a specified person.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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