Amendment of the Counter-Terrorism (Sanctions) (EU Exit) Regulations 20198
1
The Counter-Terrorism (Sanctions) (EU Exit) Regulations 201925 are amended as follows.
2
In regulation 2 (interpretation), in the appropriate place insert—
“director disqualification licence” means a licence under regulation 19A;
3
In regulation 5 (power to designate persons)—
a
the existing text becomes paragraph (1);
b
in that paragraph, for “the purposes of regulations 11 to 15 (asset-freeze etc.).” substitute—
the purposes of any of the following—
a
regulations 11 to 15 (asset-freeze etc.);
b
regulation 16A (director disqualification sanctions);
c
regulation 16B (immigration).
c
after that paragraph insert—
2
The Treasury may designate different persons for the purposes of different provisions mentioned in paragraph (1).
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 198626, and
b
Article 15A of the Company Directors Disqualification (Northern Ireland) Order 200227.
5
After new regulation 16A (director disqualification sanctions), insert—
PART 3BImmigration
Immigration16B
A person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation is an excluded person for the purposes of section 8B of the Immigration Act 197128.
6
After regulation 19 (Treasury licences), insert—
Director disqualification licences19A
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.
7
After regulation 20 (finance: licensing offences), insert—
Director disqualification: licensing offences20A
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
After new regulation 20A (finance: licensing offences), insert—
Section 8B(1) to (3) of Immigration Act 1971: directions20B
1
The Secretary of State29 may direct that, in relation to any person within regulation 16B whose name is specified, or who is of a specified description, section 8B(1) and (2) of the Immigration Act 1971, or section 8B(3) of that Act, have effect subject to specified exceptions.
2
A direction under this regulation—
a
may contain conditions;
b
must be of a defined duration (and that duration may be expressed in any way, including, for example, being expressed in a way such that the direction ceases to have effect on, or within a specified period after, the occurrence of a specified event).
3
The Secretary of State may vary, revoke or suspend a direction under this regulation at any time.
4
On the issue, variation, revocation or suspension of a direction under this regulation, the Secretary of State may take such steps as the Secretary of State considers appropriate to publicise the issue, variation, revocation or suspensions of the direction.
5
In this regulation “specified” means specified in a direction under this regulation.
9
In regulation 26(1)(b)(i) (disclosure of information), for “or Part 3 (Finance)” substitute “, Part 3 (Finance) or Part 3A (Director disqualification sanctions)”
.
10
In regulation 28(2) (penalties for offences), after “9(6) (confidentiality)” insert “or 20A (director disqualification: licensing offences)”
.
11
In regulation 34 (notices), after “regulation 34 (Treasury licences)” insert “or regulation 19A (director disqualification licences)”
.