PART 1Sanctions regulations

CHAPTER 1Power to make sanctions regulations

Contents of sanctions regulations: further provision

15Exceptions and licences

1

In this section “regulations” means regulations under section 1.

2

Regulations may—

a

create exceptions to any prohibition or requirement imposed by the regulations;

b

provide for a prohibition imposed by the regulations not to apply to anything done under the authority of a licence issued by an appropriate Minister specified in the regulations;

c

provide for a requirement imposed by the regulations to be subject to such exceptions as an appropriate Minister specified in the regulations may direct.

3

Regulations may, as respects any licences or directions provided for under subsection (2)(b) or (c)

a

provide that a licence or direction may be general or issued to a category of persons or a particular person;

b

provide that a licence or direction must specify what is authorised by the licence or excepted by the direction;

c

make provision as to what may, or may not, be authorised by a licence or excepted by a direction;

d

provide that a licence or direction may contain conditions;

e

provide that a licence or direction may not be issued unless criteria specified by the regulations are met;

f

make provision as to the duration of licences or directions, which may enable them to be of indefinite duration or a defined duration;

g

make provision enabling licences or directions to be varied, revoked or suspended;

h

make provision as to notifications or publicity to be given in connection with licences or directions.

4

Where regulations provide for designated persons to be excluded persons for the purposes of section 8B of the Immigration Act 1971, the regulations may—

a

create exceptions from subsections (1) to (3) of that section in relation to any person who under the regulations is an excluded person (a “relevant person”);

b

authorise an appropriate Minister specified in the regulations to direct that, in relation to any relevant person specified, or of a description specified, in the direction, subsections (1) to (3) of that section have effect subject to exceptions specified in the direction.

5

Regulations may, as respects any directions provided for under subsection (4)(b), make any provision mentioned (in relation to directions) in subsection (3)(d) to (h).

6

The exceptions that may be created under subsection (2)(a) include exceptions in relation to acts done for the purposes of—

a

national security;

b

the prevention or detection of serious crime in the United Kingdom or elsewhere.

In this subsection “act” includes an omission.

7

Nothing in subsection (6) is to be taken to limit subsection (2).