The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020

Type Statutory-Instrument
Publication 2020-12-10
Last updated 2020-12-31
State In force
Department King's Printer of Acts of Parliament
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Made: at 10.52 a.m. on 10th December 2020

Coming into force in accordance with regulation 1

The Secretary of State, in exercise of the powers conferred by section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018 , makes the following Regulations.

In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Citation and commencement

1

These Regulations may be cited as the Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 and come into force on IP completion day.

Amendment of Council Regulation (EU) 2019/125

2

(h) “competent authority” means the Secretary of State

(j) references to the “territory of the United Kingdom” include the Isle of Man;

(l) “broker” means— (i) any person resident or established in the United Kingdom who supplies brokering services from the United Kingdom; (ii) any United Kingdom national who supplies brokering services from the United Kingdom; (iii) any United Kingdom person who supplies brokering services from a country within the European Union; (iv) any person resident or established in the European Union who supplies brokering services from the United Kingdom; (v) any European Union national who supplies brokering services from the United Kingdom;

(m) “supplier of technical assistance” means— (i) any person resident or established in the United Kingdom who supplies technical assistance from the United Kingdom; (ii) any United Kingdom national who supplies technical assistance from the United Kingdom; (iii) any United Kingdom person who supplies technical assistance from a country within the European Union; (iv) any person resident or established in the European Union who supplies technical assistance from the United Kingdom; (v) any European Union national who supplies technical assistance from the United Kingdom;

(n) “exporter” means any person, resident or established in the United Kingdom, who makes an export declaration or on whose behalf an export declaration is made, that is to say the person who, at the time the declaration is accepted, holds the contract with the consignee in the third country and has the power for determining the sending of the item out of the territory of the United Kingdom. If no export declaration has been made, the exporter is the person who holds the contract with the consignee in the third country and has the power for determining the sending of the item out of the United Kingdom to a destination outside of the territory of the United Kingdom. If no contract has been concluded, or if the holder of the contract does not act on its own behalf, the exporter is the person who has the power for determining the sending of the item out of the United Kingdom to a destination outside of the territory of the United Kingdom;

(o) “General Export Authorisation” means an authorisation for exports as defined under point (d) to certain countries which is available to all exporters who respect conditions and requirements for its use as listed in Annex 5

(t) “third country” means any country or territory other than the United Kingdom or the Isle of Man; (u) “United Kingdom national” means a person who is a British citizen, a British overseas territories citizen, a British National (Overseas), a British Overseas citizen, or a person who, under the British Nationality Act 1981 , is a British subject or a British protected person within the meaning of that Act; (v) “United Kingdom person” means a United Kingdom national or a person, entity or body incorporated or constituted under the law of the United Kingdom or of any part of the United Kingdom; (w) “European Union national” means a natural person who is a national of a member State; (x) a person is “resident or established” in the country or territory in which, in the case of a natural person, that person has their habitual residence and, in the case of any other person, that person has its registered office, central headquarters or a permanent business establishment; (y) “permanent business establishment” has the meaning given by Article 5(32) of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code.

It shall be prohibited— (a) for any person resident or established in the United Kingdom who sells or purchases advertising space or advertising time from within the United Kingdom; (b) for any United Kingdom national who sells or purchases advertising space or advertising time from within the United Kingdom; (c) for any United Kingdom person who sells or purchases advertising space or advertising time from a country within the European Union; (d) for any person resident or established in the European Union who sells or purchases advertising space or advertising time from within the United Kingdom; and (e) for any European Union national who sells or purchases advertising space or advertising time from within the United Kingdom, to sell to or to purchase from any person in any country or territory outside of the United Kingdom advertising space in print media or on the internet or advertising time on television or radio in relation to goods listed in Annex 2.

(c) goods listed in Schedule 2 to the Export Control Order 2008 .

(a) the technical assistance is supplied to military or civil personnel of the United Kingdom in the circumstances described in the first sentence of Article 11(3);

(c) goods listed in Schedule 2 to the Export Control Order 2008.

(5) An authorisation for the supply of technical assistance related to goods listed in Annex 2, 3, or 4 shall be granted by the competent authority.

(1) The Secretary of State may by regulations amend the following provisions of this Regulation— (a) Annex 2; (b) Annex 3; (c) Annex 4; (d) Annex 5; (e) Annex 7; (f) Annex 8; (g) Annex 9. (2) Regulations under paragraph 1 are to be made by statutory instrument. (3) Regulations under paragraph 1— (a) may make different provision with respect to different cases or descriptions of case; (b) may include— (i) incidental, supplementary or consequential provision; (ii) transitional, transitory or saving provision. (4) A statutory instrument containing regulations under paragraph 1 is subject to annulment in pursuance of a resolution of either House of Parliament.

“The commodity codes in this Annex refer to the codes specified in the Tariff of the United Kingdom, which is the document containing the legal classification and import rate for products being imported into the United Kingdom and entitled “The Tariff of the United Kingdom”, as revised or reissued from time to time including by any document published under regulations made under section 8(1) of the Taxation (Cross-border Trade) Act 2018 replacing the same in whole or in part. If “ex” precedes the code, the goods specified in this Annex constitute only a part of the scope of the commodity code and are determined by both the description given in this Annex and the scope of the code in the Tariff of the United Kingdom.”;

Transitional provision relating to Council Regulation (EU) 2019/125

3

Signed

Signed by authority of the Secretary of State

Ranil Jayawardena — Parliamentary Under Secretary of State

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2018 c. 16.

[^f00002]: 1979 c. 2. Section 100A was inserted by the Finance Act 1984 (c. 43), section 8, Schedule 4, Part 1.

[^f00003]: 1981 c. 61.

[^f00004]: 2018 c. 22.

[^f00005]: S.I. 2008/3231. Schedule 2 was substituted by S.I. 2017/697 and 2018/165 and 939.

Editorial notes

[^c24373731]: 2018 c. 16.

[^c24373741]: 1979 c. 2. Section 100A was inserted by the Finance Act 1984 (c. 43), section 8, Schedule 4, Part 1.

[^c24373751]: 1981 c. 61.

[^c24373761]: 2018 c. 22.

[^c24373771]: S.I. 2008/3231. Schedule 2 was substituted by S.I. 2017/697 and 2018/165 and 939.

[^key-8e5f34bad8be245a945fdadf77d15456]: Reg. 1 in force at 31.12.2020 on IP completion day, see reg. 1

[^key-a9f689301a30d0ab204e51becc846051]: Reg. 2 in force at 31.12.2020 on IP completion day, see reg. 1

[^key-cf687691fdf52efc4c21eb2eb4303a77]: Reg. 3 in force at 31.12.2020 on IP completion day, see reg. 1

[^key-6b4f1b31b5b71c4e703a8bd249c97bea]: Words substituted in reg. 1 (11.12.2020) by The Export Control (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1502), regs. 1(1), 13

[^key-584c79a36687b26d77b72e890ad8195b]: Reg. 2(38)(a) substituted (31.12.2020 immediately before IP completion day) by The Export Control (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1502), regs. 2(3), 14(a)

[^key-124f23af5a7d5eca48c67250cb64bdf5]: Reg. 2(42)(f) substituted (31.12.2020 immediately before IP completion day) by The Export Control (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1502), regs. 2(3), 14(b)

[^key-114f33bf4244874ee53c752b86588d03]: Reg. 2(43)(ba) inserted (31.12.2020 immediately before IP completion day) by The Export Control (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1502), regs. 2(3), 14(c)(i)

[^key-78f55f99a70e5a18a8e07714065d6d15]: Words in reg. 2(43)(e)(i) substituted (31.12.2020 immediately before IP completion day) by The Export Control (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1502), regs. 2(3), 14(c)(ii)

[^key-46bbb083150980e3bd1189708d19d886]: Words in reg. 2(43)(f)(vii)(aa) substituted (31.12.2020 immediately before IP completion day) by The Export Control (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1502), regs. 2(3), 14(c)(iii)

[^key-b8168e9af27da3139fc4c02fcec854ab]: Word in reg. 3 heading substituted (31.12.2020 immediately before IP completion day) by The Export Control (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1502), regs. 2(3), 15(1)

[^key-30c3077dfc966e9701b1c1336b72a839]: Words in reg. 3(1) substituted (31.12.2020 immediately before IP completion day) by The Export Control (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1502), regs. 2(3), 15(2)(a)

[^key-1bdd8a72651eec485815fd1073b5e2b5]: Words in reg. 3(2) substituted (31.12.2020 immediately before IP completion day) by The Export Control (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1502), regs. 2(3), 15(2)(b)(i)

[^key-c19a7b56b5aad2a6ddae5e2087a2ce75]: Words in reg. 3(2) substituted (31.12.2020 immediately before IP completion day) by The Export Control (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1502), regs. 2(3), 15(2)(b)(ii)

[^key-5e097126b89d6b22a65a2d8d54ae47e0]: Words in reg. 3(2) substituted (31.12.2020 immediately before IP completion day) by The Export Control (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1502), regs. 2(3), 15(2)(b)(iii)

[^key-e6a5877c9f4ed7e60a06ea61f4aa44b5]: Words in reg. 3(2) substituted (31.12.2020 immediately before IP completion day) by The Export Control (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1502), regs. 2(3), 15(2)(b)(iv)

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