8.—(1) The Counter-Terrorism (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 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—
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 new regulation 16A (director disqualification sanctions), insert—
16B. 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 1971(4).”.
(6) After regulation 19 (Treasury licences), insert—
19A. 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—
20A.—(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—
20B.—(1) The Secretary of State(5) 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)”.
S.I. 2019/577, amended by S.I. 2020/950; S.I. 2022/500; S.I. 2022/819; and S.I. 2023/149.
1986 c. 46. Section 11A was inserted by section 36 of the Economic Crime and Corporate Transparency 2023 (c. 56).
S.I. 2002/3150 (N.I. 4). Article 15A was inserted by section 38 of the Economic Crime and Corporate Transparency Act 2023.
1971 c. 77. Section 8B was inserted by section 8 of the Immigration and Asylum Act 1999 (c. 33); and amended by section 76 of the Immigration Act 2016 (c. 19), and Schedule 3, Part 1 of the Sanctions and Anti-Money Laundering Act 2018.
By virtue of section 15(4)(b) of the Sanctions and Anti-Money Laundering Act 2018, the power to make directions for exceptions where regulations provide for designated persons to be excluded persons for the purposes of section 8B of the Immigration Act 1971 is conferred on an “appropriate Minister”. Section 1(9)(a) of the Sanctions and Anti-Money Laundering Act 2018 defines an “appropriate Minister” as including the Secretary of State.