Counterfeiting Act 2021
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Obligations of relevant persons | ||
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24. (1) A relevant person shall be guilty of an offence where he or she fails to comply with— | ||
(a) Article 6.1 of the Euro Counterfeiting Regulation, or | ||
(b) Article 3.1, 3.2 or 4.1 of the Euro Coin Regulation. | ||
(2) A relevant person who gives an assurance referred to in Article 6.2 of the Euro Coin Regulation that is false or misleading shall be guilty of an offence. | ||
(3) Subject to subsection (9), a relevant person shall check euro banknotes for authenticity and fitness in accordance with the procedures laid down in— | ||
(a) the Euro Banknote Decision, and | ||
(b) where applicable, regulations under section 15 . | ||
(4) A relevant person shall recirculate euro banknotes only in accordance with the Euro Banknote Decision. | ||
(5) A relevant person shall hand over to the Central Bank— | ||
(a) banknotes to which Article 5 of the Euro Banknote Decision applies, in accordance with that Article and, where applicable, regulations under section 15 , and | ||
(b) unfit euro banknotes, in accordance with regulations under section 15 . | ||
(6) A relevant person shall— | ||
(a) before it puts a type of banknote handling machine into operation, inform the Central Bank in writing (including by electronic means) of the fact, and | ||
(b) provide, in accordance with Annex IV of the Euro Banknote Decision, the Central Bank with the information specified in that Annex. | ||
(7) A relevant person who fails to comply with subsection (3), (4), (5) or (6) shall be guilty of an offence. | ||
(8) A relevant person who is guilty of an offence under this section shall be liable— | ||
(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months, or both, or | ||
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years, or both. | ||
(9) Where two or more relevant persons are involved in the recirculation of the same euro banknotes, subsection (3) shall apply only to the relevant person— | ||
(a) designated in regulations under section 15 , or | ||
(b) where no regulations referred to in paragraph (a) are in effect, designated in contractual arrangements between those relevant persons. | ||
(10) Summary proceedings for an offence under this section may be brought and prosecuted by the Central Bank. |