Amendment of the Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019
This section has no associated Explanatory Memorandum
7.—(1) The Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019() are amended as follows.
(2) In regulation 2 (interpretation), in the appropriate place insert—
““director disqualification licence” means a licence under regulation 31A;”.
(3) In regulation 5(1) (power to designate persons), after sub-paragraph (a), insert—
“(aa)regulation 16A (director disqualification sanctions).”
(4) After regulation 16 (circumventing etc. prohibitions), insert—
“PART 3ADirector disqualification sanctions
Director disqualification sanctions
16A. A person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation is a person subject to director disqualification sanctions for the purposes of—
(a)section 11A of the Company Directors Disqualification Act 1986(), and
(b)Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002().”.
(5) After regulation 31 (Treasury licences), insert—
“Director disqualification licences
31A. The Secretary of State may issue a licence in relation to any person who is designated under regulation 5 for the purposes of regulation 16A (director disqualification sanctions) providing that the prohibitions in—
(a)section 11A(1) of the Company Directors Disqualification Act 1986, and
(b)Article 15A(1) of the Company Directors Disqualification (Northern Ireland) Order 2002,
do not apply to anything done under the authority of that licence.”.
(6) After regulation 32 (Finance: licensing offences), insert—
“Director disqualification: licensing offences
32A.—(1) A person (“P”) commits an offence if P knowingly or recklessly—
(a)provides information that is false in a material respect, or
(b)provides or produces a document that is not what it purports to be,
for the purpose of obtaining a director disqualification licence (whether for P or anyone else).
(2) A person who purports to act under the authority of a director disqualification licence but who fails to comply with any condition of the licence commits an offence.
(3) A licence in respect of which an offence under paragraph (1) has been committed is to be treated as void from the time at which it was issued.”
(7) In regulation 40(1)(b)(i) (disclosure of information), after “Part 3 (Finance),” insert “Part 3A (Director disqualification sanctions),”.
(8) In regulation 42(3) (penalties for offences), after “9(6) (confidentiality)” insert “or 32A (director disqualification: licensing offences)”.
(9) In regulation 47(3) (trade enforcement: application of CEMA), insert—
“(3A) The Commissioners may not investigate the suspected commission of a relevant offence listed in paragraphs (3B) or (3C) unless the suspected offence has been the subject of—
(a)a referral to the Commissioners by the Secretary of State, or
(b)a decision by the Commissioners to treat the suspected offence as if it had been referred to them under sub-paragraph (a).
(3B) Paragraph (3A) applies to the suspected commission of an offence under regulation 26(3) (enabling or facilitating the conduct of armed hostilities).
(3C) Paragraph (3A) also applies to the suspected commission of a relevant offence under regulation 27(2) (circumventing etc. prohibitions), insofar as the prohibited activity to which the suspected offence relates is the circumvention of, or enabling or facilitation of a contravention of, a prohibition in relation to an offence specified in paragraph (3B).”.
(10) In regulation 57 (notices), after “regulation 31 (Treasury licences)” insert “or regulation 31A (director disqualification licences)”.