The Conflict Minerals (Compliance) (Northern Ireland) (EU Exit) Regulations 2020

PART 4 N.I. Civil sanctions

Power to impose civil sanctions N.I.

14.—(1) The Secretary of State may impose a compliance notice or a non-compliance penalty (a “civil sanction”) as set out in the Schedule.

(2) The Schedule (which provides for civil sanctions) has effect.

Commencement Information

I1 Reg. 14 in force at 1.1.2021, see reg. 1(1)

Imposition of civil sanctions N.I.

15.— [F1 (1)] Civil sanctions may be imposed upon a Union importer if, when a power is exercised under regulations 8, 10 or 11, that Union importer—

(a) without reasonable excuse, fails to comply with a notice under regulation 8(1) or 10(1);

(b) without reasonable excuse, fails to provide the Secretary of State with any other information or assistance that the Secretary of State may reasonably require;

(c) without reasonable excuse fails to produce a document or record when reasonably required to do so by the Secretary of State;

(d) knowingly or recklessly provides false or misleading information to the Secretary of State;

(e) knowingly or recklessly makes a statement that is false or misleading in a material respect;

(f) intentionally obstructs, including by preventing entry without reasonable excuse, the Secretary of State; or

(g) otherwise fails to cooperate with the Secretary of State without reasonable excuse.

[F2 (2)   In paragraph (1), “the Secretary of State” means the Secretary of State or an inspector authorised under regulation 9 to exercise the powers under regulations 10 and 11.]

Textual Amendments

F1 Reg. 15 renumbered as reg. 15(1) (8.3.2021) by The Conflict Minerals (Compliance) (Northern Ireland) (EU Exit) (Amendment) Regulations 2021 (S.I. 2021/145), regs. 1(1), 6(a)

F2 Reg. 15(2) inserted (8.3.2021) by The Conflict Minerals (Compliance) (Northern Ireland) (EU Exit) (Amendment) Regulations 2021 (S.I. 2021/145), regs. 1(1), 6(b)

Commencement Information

I2 Reg. 15 in force at 1.1.2021, see reg. 1(1)