PART 1Sanctions regulations

CHAPTER 5Miscellaneous

45Revocation and amendment of regulations under section 1

(1)

Section 1 includes a power, by further regulations under that section (“new regulations”)—

(a)

to revoke any regulations under that section, or

(b)

to amend any regulations under that section where the condition in subsection (2) below is met.

(2)

The condition referred to in subsection (1)(b) is that the appropriate Minister making the new regulations—

(a)

considers that the regulations being amended will, as amended, be sanctions regulations within the meaning given by section 1(5) that are appropriate for the purpose stated in them under section 1(3), and

(b)

if any purpose stated in the regulations being amended is a purpose other than compliance with a UN obligation or other international obligation, considers in respect of each such purpose—

(i)

that carrying out that purpose would meet one or more of the conditions in paragraphs (a) to (i) of section 1(2),

(ii)

that there are good reasons to pursue that purpose, and

(iii)

that the imposition of sanctions is a reasonable course of action for that purpose.

(3)

In subsection (2)(b)(iii) “sanctions” means prohibitions and requirements of the kinds imposed by the amended regulations for the purpose in question (or both for that purpose and for another purpose of those regulations).

In this subsection “the amended regulations” means the regulations being amended as those regulations will be when amended.

(4)

Except as permitted by subsection (5), the purpose stated under section 1(3) in any regulations under section 1 may not be amended (but this does not prevent regulations under that section from being revoked and replaced by regulations with a purpose that is to any extent different from that of the revoked regulations).

(5)

Where the purpose stated under section 1(3) in any regulations under section 1 is or includes compliance with a specified UN obligation or other international obligation, regulations made by virtue of this section may amend that purpose so as to—

(a)

add a reference to a UN obligation, or other international obligation, to which the United Kingdom is for the time being subject,

(b)

substitute such a reference for another reference to a UN obligation or other international obligation, or

(c)

remove a reference to a UN obligation, or other international obligation, to which the United Kingdom is no longer subject.

(6)

The requirements of section 1(1) and (3), section 2 and section 30 do not apply in relation to regulations made by virtue of this section.

(7)

In relation to section 1, this section has effect in place of section 14 of the Interpretation Act 1978 (implied power to revoke and amend).