F18JBTracing and security: sanctions
(1)
(2)
The regulations may provide for the following kinds of sanction—
(a)
the imposition of monetary penalties of such amounts, not exceeding £10,000, as are determined in accordance with the regulations;
(b)
for tobacco products involved in a contravention of applicable law to be liable to forfeiture under the customs and excise Acts;
(c)
the application by the Commissioners of measures to restrict or prohibit a person’s participation, or continued participation, in any part of a traceability system for tobacco products (including measures to deactivate, or require the deactivation of, any code issued to the person for the purposes of such a system or to prevent such a code from being issued or reissued).
(3)
Provision under subsection (2)(a) may (among other things)—
(a)
provide for a penalty to be payable on the giving of a notice (“a penalty notice”) by such persons as are authorised by or under the regulations;
(b)
specify matters to which such persons may or must have regard when determining whether to give a penalty notice;
(c)
provide for the action to be taken if a monetary penalty is not paid in accordance with a penalty notice.
(4)
For the purposes of subsection (2)(b), tobacco products are “involved in a contravention of applicable law” if—
(a)
the products do not comply with a requirement imposed under tracing and security regulations or under relevant existing law, or
(b)
the products are found together with other products falling within paragraph (a).