PART 2Amendment of Sanctions Regulations

Amendment of the Nicaragua (Sanctions) (EU Exit) Regulations 202012

1

The Nicaragua (Sanctions) (EU Exit) Regulations 202027 are amended as follows.

2

In regulation 2 (interpretation), in the appropriate place insert—

  • director disqualification licence” means a licence under regulation 20A;

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 sanctions16A

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

In regulation 20 (Treasury licences), omit paragraphs (3) to (6).

6

After regulation 20 insert—

Director disqualification licences20A

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.

Licences: general provisions20B

1

This regulation applies in relation to Treasury licences and director disqualification licences.

2

A licence must specify the acts authorised by it.

3

A licence may be general or may authorise acts by a particular person or persons of a particular description.

4

A licence may—

a

contain conditions;

b

be of indefinite duration or a defined duration.

5

A person who issues a licence may vary, revoke or suspend it at any time.

6

A person who issues, varies, revokes or suspends a licence which authorises acts by a particular person must give written notice to that person of the issue, variation, revocation or suspension of the licence.

7

A person who issues, varies, revokes or suspends a general licence or a licence which authorises acts by persons of a particular description must take such steps as that person considers appropriate to publicise the issue, variation, revocation or suspension of the licence.

7

After regulation 21 (finance: licensing offences), insert—

Director disqualification: licensing offences21A

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.

8

In regulation 28(1)(b)(i) (disclosure of information), for “or Part 3 (Finance),” substitute “, Part 3 (Finance) or Part 3A (Director disqualification sanctions),”.

9

In the opening words of regulation 30(2) (penalties for offences), after “9(6) (confidentiality)” insert “or 21A (director disqualification: licensing offences)”.

10

In regulation 36(1) (notices), for “regulation 20 (Treasury licences)” substitute “regulation 20B(6) (Licences: general provisions)”.