PART 1U.K.Asset-freeze etc.
Interpretation [F1of Part 1] U.K.
1. In this Part of this Schedule—
“designated person” has the same meaning as it has in Chapter 1 of Part 3 ([F2Asset-freeze etc.]);
“frozen funds or economic resources” means funds or economic resources frozen by virtue of regulation 11, and any reference to a person's frozen funds or economic resources is to funds or economic resources frozen as a consequence of the designation of that person for the purpose of that regulation.
Textual Amendments
F1Words in Sch. 5 para. 1 heading inserted (1.3.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/194), regs. 1(2), 14(b)
F2Words in Sch. 5 para. 1 substituted (1.3.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/194), regs. 1(2), 14(c)
Commencement Information
I1Sch. 5 para. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Basic needsU.K.
2.—(1) To enable the basic needs of a designated person, or (in the case of an individual) any dependent family member of such a person, to be met.
(2) In the case of an individual, in sub-paragraph (1) “basic needs” includes—
(a)medical needs;
(b)needs for—
(i)food;
(ii)[F3payment] of insurance premiums;
(iii)[F4payment] of tax;
(iv)rent or mortgage payments;
(v)utility payments.
(3) In the case of a person other than an individual, in sub-paragraph (1) “basic needs” includes needs for—
(a)payment of insurance premiums;
(b)payment of reasonable fees for the provision of property management services;
(c)payment of remuneration, allowances or pensions of employees;
(d)payment of tax;
(e)rent or mortgage payments;
(f)utility payments.
(4) In sub-paragraph (1)—
“dependent” means financially dependent;
“family member” includes—
the wife or husband of the designated person;
the civil partner of the designated person;
any parent or other ascendant of the designated person;
any child or other descendant of the designated person;
any person who is a brother or sister of the designated person, or a child or other descendant of such a person.
Textual Amendments
F3Word in Sch. 5 para. 2(2)(b)(ii) substituted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 10(15); S.I. 2020/1514, reg. 4
F4Word in Sch. 5 para. 2(2)(b)(iii) substituted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 10(15); S.I. 2020/1514, reg. 4
Commencement Information
I2Sch. 5 para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Legal servicesU.K.
3. To enable the payment of—
(a)reasonable professional fees for the provision of legal services, or
(b)reasonable expenses associated with the provision of legal services.
Commencement Information
I3Sch. 5 para. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Maintenance of frozen funds and economic resourcesU.K.
4. To enable the payment of—
(a)reasonable fees, or
(b)reasonable service charges,
arising from the routine holding or maintenance of frozen funds or economic resources.
Commencement Information
I4Sch. 5 para. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Extraordinary expensesU.K.
5. To enable an extraordinary expense of a designated person to be met.
Commencement Information
I5Sch. 5 para. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Pre-existing judicial decisions etc.U.K.
6. To enable, by the use of a designated person's frozen funds or economic resources, the implementation or satisfaction (in whole or in part) of a judicial, administrative or arbitral decision or lien, provided that—
(a)the funds or economic resources so used are the subject of the decision or lien,
(b)the decision or lien—
(i)was made or established before the date on which the person became a designated person, and
(ii)is enforceable in the United Kingdom, and
(c)the use of the frozen funds or economic resources does not directly or indirectly benefit any other designated person.
Commencement Information
I6Sch. 5 para. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Extraordinary situationU.K.
7. To enable anything to be done to deal with an extraordinary situation.
Commencement Information
I7Sch. 5 para. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Prior obligationsU.K.
8. To enable, by the use of a designated person's frozen funds or economic resources, the satisfaction of an obligation of that person (whether arising under a contract, other agreement or otherwise), provided that—
(a)the obligation arose before the date on which the person became a designated person, and
(b)no payments are made to another designated person, whether directly or indirectly.
Commencement Information
I8Sch. 5 para. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Consular postsU.K.
9.—(1) To enable anything to be done in order that the functions of a consular post in [F5non-government controlled Ukrainian territory], or of an international organisation enjoying immunities in accordance with international law, may be carried out.
F6(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Words in Sch. 5 para. 9 substituted (30.3.2022 at 5.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 7) Regulations 2022 (S.I. 2022/395), regs. 1(2), 39(a)
F6Sch. 5 para. 9(2) omitted (1.3.2022) by virtue of The Russia (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/194), regs. 1(2), 14(d)
Commencement Information
I9Sch. 5 para. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
[F7Humanitarian assistance activityU.K.
9A. To enable anything to be done in connection with the performance of any humanitarian assistance activity.
Textual Amendments
F7Sch. 5 paras. 9A-9T and related Pt. headings inserted (1.3.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/194), regs. 1(2), 14(e)
Medical goods or servicesU.K.
9B.—(1) To enable anything to be done in connection with the provision of medical goods or services for the benefit of the civilian population of a country.
(2) To enable the import, export or use of medical goods.
Textual Amendments
F7Sch. 5 paras. 9A-9T and related Pt. headings inserted (1.3.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/194), regs. 1(2), 14(e)
FoodU.K.
9C. To enable anything to be done in connection with the production or distribution of food for the benefit of the civilian population of a country.
Textual Amendments
F7Sch. 5 paras. 9A-9T and related Pt. headings inserted (1.3.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/194), regs. 1(2), 14(e)
Diplomatic missions etc.U.K.
9D.—(1) To enable anything to be done in order that the functions of a diplomatic mission or consular post in Russia or of an international organisation enjoying immunities in accordance with international law may be carried out.
(2) To enable anything to be done in order that the functions of a diplomatic mission or consular post of Russia in the United Kingdom may be carried out.]
Textual Amendments
F7Sch. 5 paras. 9A-9T and related Pt. headings inserted (1.3.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/194), regs. 1(2), 14(e)