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)”.