The Democratic People's Republic of Korea (Asset-Freezing) Regulations 2011 (revoked)

Interpretation U.K.

2.—(1) In these Regulations—

“the 2000 Act” means the Financial Services and Markets Act 2000 M1 ;

“the Council Regulation” means Council Regulation (EC) No. 329/2007 of 27 March 2007 concerning restrictive measures against the Democratic People's Republic of Korea, and a reference to Annex IV or V to that Regulation is to be construed as a reference to that Annex as amended from time to time;

“designated person” means a person, entity or body listed in Annex IV or V to the Council Regulation;

“document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include producing a copy of the information in legible form;

“relevant institution” means—

(a)

a person who has permission under Part 4 of the 2000 Act (permission to carry on regulated activities);

(b)

an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to the 2000 Act (EEA passport rights) M2 which has permission under paragraph 15 of that Schedule M3 as a result of qualifying for authorisation under paragraph 12 of that Schedule M4 to accept deposits; or

(c)

an undertaking which by way of business operates a currency exchange office, transmits money (or any representations of monetary value) by any means or cashes cheques which are made payable to customers.

(2) The definition of “relevant institution” in paragraph (1) must be read with—

(a) section 22 of the 2000 Act (the classes of activity and categories of investment),

(b) any relevant order under that section M5 , and

(c) Schedule 2 to that Act (regulated activities).

(3) Any expression used both in these Regulations and the Council Regulation has the meaning that it bears in the Council Regulation.

Marginal Citations

M1 2000 c.8.

M2 As amended by S.I. 2006/3221.

M3 As amended by S.I. 2003/2066, S.I. 2007/3253, the Enterprise Act 2002 (c.40), section 278(1), Schedule 25, paragraphs 19(a) and 40(1), and the Consumer Credit Act 2006 (c.14), section 33(9).

M4 As amended by S.I. 2007/126 and S.I. 2007/3253.

M5 The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544) as amended, most recently by the Financial Services and Markets Act 2000 (Regulated Activities)(Amendment) Order 2011 (S.I. 2011/133).