OpenLegislation

Regulation 3 Amendments to Chapter 6B of Part 5 (trade: professional and business services)

Original text. Later amendments are not shown.

(1)

In regulation 54Bf1, after paragraph (g), insert—

“(ga)

“legal advisory services” has the meaning given in paragraph 8A of Schedule 3J;”.

(2)

After regulation 54C, insert—

“Legal advisory services

54D.
(1)

A person must not directly or indirectly provide legal advisory services to any person who is not a United Kingdom person in relation to, or in connection with, any activity (“the relevant activity”) which satisfies the condition in paragraph (2), whether or not those services are provided to a person in the United Kingdom.

(2)

The condition is that the relevant activity would—

(a)

be prohibited under any of regulations 11 to 18C of Part 3 (Finance)f2, Chapters 2 to 6 or Chapter 6B of Part 5 (Trade)f3 if—

(i)

the relevant activity was done by a United Kingdom person, or

(ii)

the relevant activity was taking place in the United Kingdom, or

(b)

contravene regulation 19 or 55 if—

(i)

the relevant activity was done by a United Kingdom person, or

(ii)

the relevant activity was taking place in the United Kingdom.

(3)

Paragraph (1) is subject to Part 7 (exceptions and licences).

(4)

A person who contravenes any of the prohibitions in paragraph (1) (“P”) commits an offence, but it is a defence for P to show that P did not know and had no reasonable cause to suspect that the relevant activity satisfied the condition in paragraph (2).”.

Annotations

Footnotes

f1

Regulations 54B and 54C were inserted by S.I. 2022/850 and amended by S.I. 2022/1331.

f2

Regulation 18C was inserted by S.I. 2022/1331.

f3

Chapter 6B was inserted by S.I. 2022/850.