The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2024

Amendment of the Mali (Sanctions) (EU Exit) Regulations 2020

11.—(1) The Mali (Sanctions) (EU Exit) Regulations 2020(1) are amended as follows.

(2) In regulation 2 (interpretation), in the appropriate place insert—

““director disqualification licence” means a licence under regulation 22A;”.

(3) In regulation 5(1) (power to designate persons), after sub-paragraph (a), insert—

“(aa) regulation 17A (director disqualification sanctions);”.

(4) After regulation 17 (circumventing etc. prohibitions), insert—

“PART 3A Director disqualification sanctions

Director disqualification sanctions

17A.   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 regulation 22 (Treasury licences), insert—

“Director disqualification licences

22A.   The Secretary of State may issue a licence in relation to any person who is designated under regulation 5 for the purposes of regulation 17A (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.”.

(6) After regulation 23 (Finance: licensing offences), insert—

“Director disqualification: licensing offences

23A.— (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.”.

(7) In regulation 30(1)(b)(i) (disclosure of information), for “or Part 3 (Finance)” substitute “, Part 3 (Finance) or Part 3A (Director disqualification sanctions)”.

(8) In regulation 32(2) (penalties for offences), after “9(6) (confidentiality)” insert “or 23A (director disqualification: licensing offences)”.

(9) In regulation 38 (notices), after “regulation 22 (Treasury licences)” insert “or regulation 22A (director disqualification licences)”.

(1)

S.I. 2020/705, amended by S.I. 2020/1397; S.I. 2022/500; S.I. 2022/819; S.I. 2023/121; and S.I. 2023/149.

(2)

1986 c. 46. Section 11A was inserted by section 36 of the Economic Crime and Corporate Transparency 2023 (c. 56).

(3)

S.I. 2002/3150 (N.I. 4). Article 15A was inserted by section 38 of the Economic Crime and Corporate Transparency Act 2023.