The European Grouping of Territorial Cooperation Regulations 2015

PART 4 SUPPLEMENTAL PROVISIONS RELATING TO THE EFFECTIVE APPLICATION OF THE EU REGULATION

Application of the Company Directors Disqualification Act 1986

10.  Where a UK EGTC is wound-up under regulation 9(1)(a) or 9(1)(b) of these regulations, the Company Directors Disqualification Act 1986(1) or the Company Directors Disqualification (Northern Ireland) Order 2002(2), as appropriate, applies to the UK EGTC and does so as if the EGTC were a company as defined by section 22(2)(b) of that Act or by article 2(2) of that Order

Penalties

11.  Where an enactment referred to in regulation 7, 8 or 10 provides a penalty for an offence which would, but for this regulation, exceed the limit in paragraph 1(1)(d) of Schedule 2 of the European Communities Act 1972(3), the limit in that paragraph applies to that penalty.

Review

12.—(1) The Secretary of State must from time to time—

(a) carry out a review of these Regulations;

(b) set out the conclusions of the review in a report, and

(c) publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to the rules on penalties applicable to infringements of the provisions of the EU Regulation and the measures taken to implement that regulation in other member States.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the rules on penalties applicable to infringements of the provisions of the EU Regulation that are established by these Regulations and the measures taken to implement them,

(b) assess the extent to which those objectives are achieved, and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under these Regulations must be published before the end of the period of five years beginning with the day on which this Order comes into force.

(5) Reports under these Regulations are afterwards to be published at intervals not exceeding five years.

Revocations and Savings

13.—(1) Subject to paragraph (2), The European Grouping of Territorial Cooperation Regulations 2007(4) are revoked.

(2) Parts 2 and 3 of the Schedule to The European Grouping of Territorial Cooperation Regulations 2007 will continue to have effect.

(3) The European Grouping of Territorial Cooperation (Amendment) Regulations 2008(5), are revoked.

(1)

1986 c.46; section 22(2) was amended by the Companies Act (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), Schedule 1, paragraph 85(11).

(2)

S.I. 2002/3150 (N.I. 4); article 2(2) was amended by S.I. 2009/1941, Schedule 1, paragraph 204(2)(b).

(3)

1972 c.68.

(4)

S.I. 2007/1949, as amended by the European Grouping Territorial Cooperation (Amendment) Regulations (S.I. 2008/728)

(5)

S.I. 2008/728.