SCHEDULES
SCHEDULE 7Terrorist financing and money laundering
Part 7Enforcement: offences
Offences: failure to comply with requirement imposed by direction
30
1
A person who fails to comply with a requirement imposed by a direction under this Schedule commits an offence, subject to the following provisions.
2
No offence is committed if the person took all reasonable steps and exercised all due diligence to ensure that the requirement would be complied with.
3
In deciding whether a person has committed an offence under this paragraph the court must consider whether the person followed any relevant guidance that was at the time—
a
issued by a supervisory authority or any other appropriate body,
b
approved by the Treasury, and
c
published in a manner approved by the Treasury as suitable in their opinion to bring the guidance to the attention of persons likely to be affected by it.
4
In sub-paragraph (3) “appropriate body” means a body that regulates or is representative of any trade, profession, business or employment carried on by the alleged offender.
F14A
In a case where a person is guilty of an offence under this paragraph by failing to comply with a requirement of a kind mentioned in paragraph 13, the person is liable—
a
on summary conviction—
i
ii
in Scotland, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both;
iii
in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both;
b
on conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine, or to both.
5
F2In any other case, a person guilty of an offence under this paragraph is liable—
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.
6
A person who is convicted of an offence under this paragraph is not liable to a penalty under paragraph 25 in respect of the same failure.