Search Legislation

The Sanctions (EU Exit) (Miscellaneous Amendments and Revocations) Regulations 2024

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
 Help about opening options

Opening Options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Amendment of the Venezuela (Sanctions) (EU Exit) Regulations 2019

This section has no associated Explanatory Memorandum

2.—(1) The Venezuela (Sanctions) (EU Exit) Regulations 2019(1) are amended as follows.

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

director disqualification licence” means a licence under regulation 35A;.

(3) In regulation 5(1) (power to designate persons)—

(a)omit “and” following sub-paragraph (a),

(b)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(2), and

(b)Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002(3)..

(5) After regulation 35 (Treasury licences), insert—

Director disqualification licences

35A.  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) In regulation 37(1) (licences: general provisions), after “Treasury licences” insert “, director disqualification licences”.

(7) After regulation 38 (finance: licensing offences), insert—

Director disqualification: licensing offences

38A.(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 49(1)(b)(i) (disclosure of information), after “Part 3 (Finance),” insert “Part 3A (Director disqualification sanctions),”.

(9) In regulation 51(3) (penalties for offences), in the opening words, after “9(6) (confidentiality),” insert “38A (director disqualification: licensing offences),”.

(10) In regulation 56 (trade enforcement: application of CEMA), after paragraph (3), insert—

(3A) The Commissioners(4) may not investigate the suspected commission of a relevant offence(5) listed in paragraph (3B), (3C) or (3D) 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 30(4) (provision of military-related services).

(3C) Paragraph (3A) also applies to the suspected commission of a relevant offence under any of regulations 39(1), 39(2), 47(6) and 48(5) insofar as—

(a)the suspected offence relates to a licence issued under regulation 36 (trade licences), and

(b)the prohibited activity authorised by that licence would, if no licence had been issued, amount to an offence specified in paragraph (3B).

(3D) Paragraph (3A) also applies to the suspected commission of a relevant offence under regulation 31(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)..

(2)

1986 c. 46. Section 11A was inserted by section 36 of the 2023 Act.

(3)

S.I. 2002/3150 (N.I. 4). Article 15A was inserted by section 38 of the Economic Crime and Corporate Transparency Act 2023.

(4)

For the meaning of “the Commissioners”, see regulation 2 of S.I. 2019/135.

(5)

For the meaning of “relevant offence”, see regulation 38A(3) of S.I. 2019/135.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources