The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2020

Statutory Instruments

2020 No. 1473

Exiting The European Union

The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2020

Made

7th December 2020

Laid before Parliament

10th December 2020

Coming into force in accordance with regulation 1

The Secretary of State, in exercise of the powers conferred by section 41(1) of the European Union (Withdrawal Agreement) Act 2020(1), makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2020 and come into force immediately before IP completion day.

Interpretation

2.  In these Regulations—

“the 2019 Regulations” means the Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019(2);

Amendments to the Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019

3.  In regulation 14(3) of the 2019 Regulations, for “exit day, as defined by section 20(1) of the European Union (Withdrawal) Act 2018, as amended from time to time”, substitute “IP completion day”.

4.  In regulation 20(3)(b) of the 2019 Regulations, for “exit day”, substitute “IP completion day”.

Ahmad

Minister of State

Foreign, Commonwealth and Development Office

7th December 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make consequential provisions in exercise of the power in section 41(1) of the European Union (Withdrawal Agreement) Act 2020 (c. 1) (“the 2020 Act”). They amend legislation made as a consequence of exiting the European Union, which relates to the Kimberley Process certification scheme concerning the import and export of rough diamonds and measures to minimise the trade of rough diamonds from conflict zones.

Regulations 3 and 4 substitute “IP completion day” for two references to exit day in the Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844). Regulation 3 makes provision for the validity of export certificates issued under the Council Regulation (EC) No. 2368/2002 prior to IP completion day and regulation 4 makes provision for certain reporting prior to IP completion day by auditors to meet requirements in relation to applications by organisations representing traders in rough diamonds for listing as self-regulating organisations.

The amended provisions will come into force on IP completion day by operation of paragraph 1 of Schedule 5 to the 2020 Act. The amendments made by this instrument ensure that their effects begin from IP completion day rather than from exit day.

An Impact Assessment has not been prepared for this instrument: no, or no significant, impact is foreseen on the private, voluntary or public sectors in the United Kingdom.

(1)

2020 c.1.

(2)

S.I. 2019/844 as amended by the European Union (Withdrawal Agreement) Act 2020 (c. 1), Schedule 5, paragraph 1.