CHAPTER VI U.K. GENERAL PROVISIONS

Article 19 U.K.

F1 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. [F2 The Secretary of State must provide the Chair of the Kimberley Process Certification Scheme with the information showing that the United Kingdom competent authority] can reliably, timely, effectively and adequately fulfil the tasks required by this Regulation.

F3 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. [F4 The United Kingdom competent authority] may ask an economic operator to pay a fee for the production, issue and/or validation of a certificate and for a physical inspection in accordance with Articles 4 and 14. Under no circumstances shall the amount of that fee exceed the costs incurred by that competent authority for the operation concerned. No levies or similar duties shall be charged in relation to such operations.

F5 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Art. 19(1) omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 22(2); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 19(2) substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 22(3); 2020 c. 1, Sch. 5 para. 1(1)

F3 Art. 19(3) omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 22(4); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 19(4) substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 22(5); 2020 c. 1, Sch. 5 para. 1(1)

F5 Art. 19(5) omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 22(6); 2020 c. 1, Sch. 5 para. 1(1)

F6 Art. 19(6) omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 22(7); 2020 c. 1, Sch. 5 para. 1(1)

[F7 Article 20 U.K.

On the basis of relevant Information provided to the Chair of the KP certification scheme and/or by participants, the [F8 Secretary of State must publish (and update from time to time to reflect any changes)] the list of participants and their competent authorities.]

Textual Amendments

F7 Substituted by Council Regulation (EC) No 254/2003 of 11 February 2003 amending Regulation (EC) No 2368/2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds.

F8 Words in Art. 20 substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 23; 2020 c. 1, Sch. 5 para. 1(1)

F9 Article 21 U.K.

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Textual Amendments

F9 Arts. 21-23 omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 24; 2020 c. 1, Sch. 5 para. 1(1)

F9 Article 22 U.K.

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Textual Amendments

F9 Arts. 21-23 omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 24; 2020 c. 1, Sch. 5 para. 1(1)

F9 Article 23 U.K.

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Textual Amendments

F9 Arts. 21-23 omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 24; 2020 c. 1, Sch. 5 para. 1(1)

Article 24 U.K.

1. Any natural or legal person providing services directly or indirectly related to the activities covered by Articles 3, 4, 6, 7, 11, 12, 13, 17 or 18 shall exercise due diligence for establishing that the activities for which it provides services comply with the provisions of this Regulation.

2. The participation, knowingly and intentionally, in activities, the object or effect of which is, directly or indirectly, to circumvent the provisions of this Regulation shall be prohibited.

F10 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Art. 24(3) omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 25; 2020 c. 1, Sch. 5 para. 1(1)

Article 25 U.K.

Information supplied in accordance with this Regulation shall be used only for the purposes for which it was provided.

F11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Words in Art. 25 omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 26; 2020 c. 1, Sch. 5 para. 1(1)

Article 26 U.K.

Compliance with this Regulation does not discharge any natural or legal person from compliance, fully or partially, with any other obligation under F12 ... national legislation.

Textual Amendments

F12 Words in Art. 26 omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 27; 2020 c. 1, Sch. 5 para. 1(1)

Article 27 U.K.

Each Member State shall determine the sanctions to be imposed where the provisions of this Regulation are infringed. Such sanctions shall be effective, proportionate and dissuasive and shall be capable of preventing those responsible for the infringement from obtaining any economic benefit from their action.

Pending the adoption, where necessary, of any legislation to this end, the sanctions to be imposed where the provisions of this Regulation are infringed shall, where relevant, be those determined by the Member States in order to give effect to Article 5 of Regulation (EC) No 303/2002.

Article 28 U.K.

This Regulation shall apply:

(a)

within the [F13 United Kingdom], including its airspace, or on board any aircraft or any vessel under the jurisdiction of [F14 the United Kingdom];

(b)

to any national of [F14 the United Kingdom], and to any legal person, entity, or body which is incorporated or constituted under the law of [F14 the United Kingdom].

Textual Amendments

F13 Words in Regulation substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 3(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 28 substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 28; 2020 c. 1, Sch. 5 para. 1(1)

[F15 Article 29 U.K.

Amendments to the certification scheme

(1) Where the condition in paragraph (2) is met, the Secretary of State may by regulations amend this Regulation.

(2) The condition is that that the Secretary of State considers that this Regulation is no longer effective to ensure that the law of the United Kingdom is consistent with the international Kimberley Process requirements.

(3) Regulations under this Article may only contain provision that the Secretary of State considers to be—

(a) appropriate for the purposes of ensuring that this Regulation is consistent with the international Kimberley Process requirements; or

(b) appropriate in connection with any provision made under point (a).

(4) Regulations under this Article may contain transitional and consequential provisions and savings.

(5) The power in this Article to make regulations is exercisable by the Secretary of State by statutory instrument.

(6) A statutory instrument containing regulations under this Article may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(7) In this Article “the international Kimberley Process requirements” means any certification requirements or similar controls relating to the import or export of rough diamonds that are agreed from time to time by the Participants.]

Textual Amendments

F15 Art. 29 substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 29; 2020 c. 1, Sch. 5 para. 1(1)