Regulation 7 Conditions for the designation of persons by descriptionI1

United Kingdom

(1)

This regulation applies to persons designated under regulation 5(2) (power to designate persons by description).

(2)

The Secretary of State may choose whether to designate persons under—

(a)

the standard procedure, or

(b)

the urgent procedure.

(3)

Paragraph (4) applies where the Secretary of State chooses to designate persons under the standard procedure.

(4)

The Secretary of State may not designate persons except where conditions A and C are met.

(5)

Paragraphs (6) to (8) apply where the Secretary of State chooses to designate persons under the urgent procedure.

(6)

The Secretary of State may designate persons where condition C is not met, but conditions A, D and E are met.

(7)

The persons cease to be designated persons at the end of the period of 56 days beginning with the day following the day on which the persons became designated persons unless, within that period, the Secretary of State certifies that—

(a)

conditions A and C are met, or

(b)

conditions A, D and E continue to be met.

(8)

Where the Secretary of State makes a certification under paragraph (7)(b), the designation ceases to have effect at the end of the period of 56 days beginning with the day immediately following the period mentioned in paragraph (7), unless within that period the Secretary of State certifies that conditions A and C are met.

(9)

Condition A is that the description of persons specified is such that a reasonable person would know whether that person fell within it.

(10)

Condition C is that the Secretary of State has reasonable grounds to suspect—

(a)

in a case where the specified description is members of a particular organisation, that the organisation is an involved person, or

(b)

in the case of any other specified description, that any person falling within that description would necessarily be an involved person.

(11)

Condition D is that the description of persons specified is of persons (or some persons) to which, or in relation to which, relevant provision (whenever made) applies under the law of—

(a)

the United States of America;

(b)

the European Union;

(c)

Australia;

(d)

Canada.

(12)

Condition E is that the Secretary of State considers that it is in the public interest to designate persons under the urgent procedure.

(13)

For the purposes of condition D, “relevant provision” is provision that the Secretary of State considers—

(a)

corresponds, or is similar, to the type of sanction or sanctions in these Regulations, or

(b)

is made for purposes corresponding, or similar, to any purpose of any type of sanction or sanctions in these Regulations.

(14)

In this regulation—

“involved person” has the meaning given in regulation 8 (designation criteria: meaning of “involved person”);
“organisation” includes any body, association or combination of persons.

Annotations

Commencement

I1: Reg. 7 in force at 14.12.2023, see reg. 1(2)