# The Hydrocarbons (Temporary Management Scheme) Regulations 2013, Regulation 9: Sanctions restrictions and Article 43a notices


(1) This regulation applies to any person (“A”) other than a listed person, where A—
(a) intends to carry out any of the matters in paragraph (2) (“a relevant matter”); and
(b) would, apart from this regulation, be in breach of the derogated sanctions in carrying out the relevant matter.
(2) The matters referred to in paragraph (1)(a) are—
(a) dealing directly, or indirectly, with the Secretary of State where the Secretary of State is exercising management powers;
(b) acting as agent for the Secretary of State in the exercise of management powers; or
(c) providing information to the Secretary of State further to an information notice given to A under regulation 35(1)(a).
(3) A may request the Secretary of State to give A a notice (“an Article 43a notice”) which authorises the relevant matter set out in A’s request.
(4) An Article 43a notice may—
(a) authorise a relevant matter in relation to A or any contractor of A;
(b) describe a relevant matter by reference to a class or type of matter;
(c) describe A or any contractor of A by reference to a class or type of person; or
(d) be made subject to conditions or an expiry date.
(5) An Article 43a notice—
(a) must be given to A as soon as practicable; and
(b) may be varied or withdrawn by notice given by the Secretary of State to A.
(6) A notice under paragraph (5)(b) must—
(a) be given to A as soon as possible;
(b) state the date the variation or withdrawal has effect; and
(c) be dated.
(7) In this regulation—
“contractor of A” means a person (other than A or a listed person) who is, or may be, a party to a contract to be performed in relation to a relevant matter set out in the request made by A under paragraph (3);
“derogated sanctions” means those restrictions in the Sanctions Regulation to which a derogation applies by Article 43a of the Sanctions Regulation.

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Source: https://www.legislation.gov.uk/uksi/2013/1329/regulation/9 (the official version)
Page: https://openlegislation.uk/hydrocarbons-temporary-management-scheme-regulations-2013/regulation-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.