The Libya (European Union Financial Sanctions) Regulations 2016

Interpretation

2.—(1) In these Regulations—

“the 2000 Act” means the Financial Services and Markets Act 2000(1);

“the Council Regulation” means Council Regulation (EU) No. 2016/44 of 18th January 2016 concerning restrictive measures in view of the situation in Libya, and a reference to an Annex 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 II or III to the Council Regulation;

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

“document” includes information recorded in any form;

“relevant institution” means—

(a)

a person who has permission under Part 4A of the 2000 Act (permission to carry on regulated activities)(2);

(b)

an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to the 2000 Act (EEA passport rights)(3) which has permission under paragraph 15 of that Schedule(4) (as a result of qualifying for authorisation under paragraph 12 of that Schedule(5)) 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(6) of the 2000 Act (regulated activities),

(b) any relevant order under that section(7), and

(c) Schedule 2(8) to that Act (regulated activities).

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

(1)

2000 c.8.

(2)

Part 4A was inserted by the Financial Services Act 2012 (c.21), section 11(2) and amended most recently by S.I. 2015/910.

(3)

As amended by S.I. 2006/3221 and S.I. 2013/3115.

(4)

As amended by S.I. 2003/2066, S.I. 2007/3253, S.I. 2012/1906, S.I. 2013/1881 and S.I. 2015/575.

(5)

As amended by S.I. 2007/126, S.I. 2007/3253 and S.I. 2012/1906.

(6)

Section 22 was amended by the Financial Services Act 2012 (c.21), section 7(1).

(7)

S.I. 2001/544 as amended, most recently by S.I. 2015/910.

(8)

Schedule 2 was amended by the Dormant Bank and Building Society Accounts Act 2008 (c.31), section 15, Schedule 2, paragraph 1, the Regulation of Financial Services (Land Transactions) Act 2005 (c.24), section 1, the Financial Services Act 2012, section 7(2) to (5) and section 8 and by S.I. 2013/1881.