Moved by
Lord Ahmad of Wimbledon
93: Schedule 2, page 47, line 23, leave out from “for” to “to” in line 24 and insert “an offence created by such regulations”
94: Schedule 2, page 47, line 27, at end insert—
“18A_ Regulations under section 41 may provide for the creation of a criminal offence only if the regulations also provide for either or both of the following in relation to the offence—
(a) a mental element necessary for its commission;
(b) a defence to it (for example, a defence grounded on a person’s knowledge or belief, or a defence that a person took all reasonable steps and exercised all due diligence).
18B_ Regulations under section 41 which confer a power to impose a civil monetary penalty must provide that a person is not liable to such a penalty in respect of acts or omissions for which the person has been convicted of a criminal offence created by such regulations.”
95: Schedule 2, page 48, line 14, leave out “persons” and insert “bodies”
96: Schedule 2, page 48, line 22, at end insert—
““relevant person” means a person on whom requirements are imposed under paragraph 3;”
97: Schedule 2, page 48, line 24, leave out “a” and insert “the Financial Conduct Authority, the Commissioners for Her Majesty’s Revenue and Customs or any other”